Cases on Criminal Law: Selected from Decisions of English and American Courts

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West, 1908 - 610 pages

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Page 146 - ... 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 that he was doing what was wrong.
Page 78 - Is any sick among you ? let him call for the elders of the church ; and let them pray over him, anointing him with oil in the name of the Lord : and the prayer of faith shall save the sick, and the Lord shall raise him up ; and if he have committed sins, they shall be forgiven him.
Page 188 - We think the court erred in refusing to charge the jury as requested by the defendant.
Page 193 - Between preparation for the attempt and the attempt itself, there is a wide difference. The preparation consists in devising or arranging the means or measures necessary for the commission of the offense; the attempt is the direct movement toward the commission after the preparations are made.
Page 215 - ... and giving effect to the purposes of the latter, whether of extortion or mischief. According to this view of the law, a combination of employers to depress the wages of journeymen below what they would be if there was no recurrence to artificial means on either side is criminal.
Page 285 - ... shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And, if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting as aforesaid, the person or persons so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
Page 160 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land was...
Page 108 - Provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 481 - ... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it.
Page 96 - Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.

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