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" They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts. "
Atlantic Reporter - Side 419
1894
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Speeches: Delivered at the City-Hall of the City of New York, in the Courts ...

John Andrew Graham - 1812 - 96 sider
...upon the country for trial. You gentlemen, are that country. Here I most remark that in this case you are the judges of the law as well as of the facts. And I thank God that you and I were born reasonable beings, and not brutes ; Christians, and not barbarians...
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Report of the Trial of Thomas Wilson Dorr, for Treason Against the State of ...

Joseph Story Pitman - 1844 - 142 sider
...performed its duty; go ye, gentlemen, and do yours. Mr. Turner requested the Court to charge the Jury that they are the judges of the law as well as of the fact in capital cases. Court. We can charge the Jury only as we have charged them ; they are to...
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Report of the Trial of Thomas Wilson Dorr, for Treason Against the State of ...

Joseph Story Pitman - 1844 - 142 sider
...performed its duty; go ye, gentlemen, and do yours. Mr. Turner requested the Court to charge the Jury that they are the judges of the law as well as of the fact in capital cases. Court. We can charge the Jury only as we have charged them ; they are to...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...of the court and of the jury. Nothing is more common, than for juries in criminal cases to be told that they are the judges of the law as well as of the fact; and as a matter of authority merely, the weight of the highest judicial names in this country...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 5

Georgia. Supreme Court - 1849 - 680 sider
...him and his adversary. Even now, we submit to a jury in this State, in a criminal prosecution, where they are the judges of the law as well as of the facts, to find, in the same bill of indictment, whether the defendant be guilty of murder or manslaughter;...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 sider
...of the court and of the jury. Nothing is more common, than for juries in criminal cases to be told that they are the judges of the law as well as of the fact ; and as a matter of authority merely, the weight of the highest judicial names in this country...
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Historical Sketches and Personal Recollections of Manchester: Intended to ...

Archibald Prentice - 1802 - 454 sider
...never induce me to supplicate for your verdict ; but let me again remind you, that you, and you alone, are the judges of the law as well as of the facts ; and let me entreat, that with the full view of all the facts before you, you will upon this occasion...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 85

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891 - 798 sider
...undoubtedly right, as a matter of law, in this direction; but it is claimed that the jury in criminal cases are the judges of the law as well as of the facts. This is true, in the sense that the jury might in this case, as well as in any criminal case, have...
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The American Citizen: His Rights and Duties, According to the Spirit of the ...

John Henry Hopkins - 1857 - 458 sider
...thing. "When the lawyer is aware that the court cannot sustain him, he never fails to tell the jury that they are the judges of the law as well as of the evidence ; and exerts all his art and eloquence to induce them to disregard the opinion of the...
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A Selection of Leading Cases in Criminal Law: With Notes, Volum 2

Edmund Hatch Bennett, Franklin Fiske Heard - 1857 - 642 sider
...said he, " it has becn said by courts of respectable authority, that the jurors in a criminal case are the judges of the law as well as of the facts ; but we think this opinion arises from not distinguishing betwecn the powers that a jury may assume...
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