The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volum 3

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Butterworths, 1857

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Side 16 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Side 16 - And as these two questions appear to us to be more conveniently answered together, we have to submit our opinion to be, that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that, to establish a defence on the ground of insanity, it must be clearly proved, that at the time of the...
Side 68 - ... when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail ; that always in such cases (the heirs) are words of limitation of the estate, and not words of purchase.
Side 16 - What are the proper questions to be submitted to the jury, when a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons is charged with the commission of a crime (murder, for example), and insanity is set up as a defence? 3d. In what terms ought the question to be left to the jury, as to the prisoner's state of mind at the time when the act was committed...
Side 139 - Christ was the word that spake it, He took the bread and brake it, And what that word did make it, That I believe and take it.
Side 66 - Creditors, unless and until a Memorandum or Minute, containing the Name, and the usual or last known Place of Abode, and the Title, Trade, or Profession of the Person whose Estate is intended to be affected thereby, and the Court...
Side 148 - Articles of Religion agreed upon by the archbishops and bishops of both provinces, and the whole clergy in the convocation holden...
Side 16 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable.
Side 66 - ... granted for one or more life or lives, or for any term of years, or greater estate, determinable on one or more life or lives...
Side 145 - Lord's Supper, for that they have not any visible sign or ceremony ordained of God. The sacraments were not ordained of Christ to be gazed upon, or to be carried about, but that we should duly use them. And in such only as worthily receive the same they have a wholesome effect or operation : but they that receive them unworthily purchase to themselves damnation, as St. Paul saith.

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