A Treatise on the Law of Crimes |
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Common terms and phrases
accessary accused Allen Mass another's apply arson assault and battery Beale's Cas bigamy bodily harm burglary circumstances Comm common law Conn consent conspiracy constitute convicted courts Crim crime criminal intent death defense defense of property dwelling house East embezzlement excuse fact false pretenses felonious intent forgery Fost fraudulent Grat Gray Mass Hale Hawk held homicide Humph indictment injury insane Iowa jurisdiction jury larceny Leach legislature malice malum in se manslaughter merely Metc Mikell's Cas Minn misdemeanor at common mistake of fact murder N. J. Law necessary negligence nuisance offense Ohio St owner perjury person possession principle prosecution purpose Q. B. Div rape reason robbery rule Russ servant Smith statute punishing steal Steph stolen Strob supra taking Tenn tion trespass unlawful wrong
Popular passages
Page 144 - ... 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 laboring 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.
Page 503 - Whosoever, being a clerk or servant, or being employed for the purpose or in the capacity of a clerk or servant...
Page 347 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual ; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Page 701 - England by any other than a subject of his 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 61 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
Page 272 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another; as by striking at him with, or without, a weapon; or presenting a gun at him, at...
Page 47 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 502 - ... such offender shall be deemed to have feloniously stolen the same...
Page 195 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Page 346 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree...