The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volume 23Butterworths, 1867 - Law |
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Page 26
... facts not slight . His failure may , perhaps , be ascribed to an over solicitude to reach what is , perhaps , unattainable — the power to foresee and stop all future objections . A possible new trial was his danger in the distance ...
... facts not slight . His failure may , perhaps , be ascribed to an over solicitude to reach what is , perhaps , unattainable — the power to foresee and stop all future objections . A possible new trial was his danger in the distance ...
Page 41
... fact within the mouth of the close , and in the first common stair there , and therefore the case failed . * A woman was charged with giving poison to her child in a close in the Salt- market ; but the poison was in fact given on the ...
... fact within the mouth of the close , and in the first common stair there , and therefore the case failed . * A woman was charged with giving poison to her child in a close in the Salt- market ; but the poison was in fact given on the ...
Page 42
... fact he was a tailor , and acquitted on the ground of this variance . He was again charged with the same murder in the same terms as before , with the single variation of the trade of the father ; it was objected that he had already ...
... fact he was a tailor , and acquitted on the ground of this variance . He was again charged with the same murder in the same terms as before , with the single variation of the trade of the father ; it was objected that he had already ...
Page 43
... facts be such that the indictment is false in any material particular , an acquittal upon it can never form a bar to an indictment which truly states the facts ; and the reason is plain , viz . , that the prisoner never was in peril on ...
... facts be such that the indictment is false in any material particular , an acquittal upon it can never form a bar to an indictment which truly states the facts ; and the reason is plain , viz . , that the prisoner never was in peril on ...
Page 49
... fact that a witness has been examined in a criminal case affords him no legal bar against an indictment for the same offence . We well remember one Pugh being examined against a prisoner charged with the murder of one Carwar- ardine ...
... fact that a witness has been examined in a criminal case affords him no legal bar against an indictment for the same offence . We well remember one Pugh being examined against a prisoner charged with the murder of one Carwar- ardine ...
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advocate aged alleged Ann Wilson applied appointed assize authority Banda and Kirwee Baron barrister Barrister-at-Law Bench Bill bishop booty capture cause Chief Justice Church of England circuit claim clause colony common law constitution contract coroner corrupt Council County Court criminal Crompton Crown death declared doubt duty election enactment English evidence exercise fact force franchise guilty Henry honour House House of Lords Ibid indictment inquests interests issue judge judgment judicial jurisdiction jurymen labour law of England legislation Lord Lord Stowell Majesty's marriage martial law matter ment military offence opinion Parliament parties persons petition Petition of Right plaintiff practice present principle prisoner prize prize law proceedings profession punishment question rebellion Reform respect rule Scotland sessions Sir Hugh Rose Solicitor statute taken tion trial by jury tribunal vaccination verdict Vict William Shedden witnesses XXIII.-NO
Popular passages
Page 221 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Page 135 - ... a counsel can maintain no action for his fees; which are given, not as locatio vel conductio, but as quiddam honorarium; not as a salary or hire, but as a mere gratuity, which a counsellor cannot demand without doing wrong to his reputation...
Page 211 - The discretion of a Judge is the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper and passion. In the best it is oftentimes caprice; in the worst it is every vice, folly and passion to which human nature is liable.
Page 38 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or...
Page 231 - Secondly, This indulged Law was only to extend to Members of the Army, or to those of the opposite Army, and never was so much indulged as intended to be (executed or) exercised upon others...
Page 231 - The necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of the land.
Page 313 - Provided always that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question...
Page 284 - Ireland whereon may depend in any Degree the Allegiance of any Person to the Crown of the United Kingdom, or the Sovereignty or Dominion of the said Crown over any Part of the said Territories.
Page 30 - Society; being all to be used in evidence against both and each of you the said William Burke and Helen M'Dougal, at your trial, will, for that purpose, be in due time lodged in the hands of the clerk of the High Court...
Page 289 - I cannot see why one freeman should be used worse than another, merely upon account of his complexion.