The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction, Duty, and Authority of Justices of the Peace in the State of New York, in Criminal Cases. Containing Also a Summary of the Law Relative to Crimes and Punishments, with an Appendix of Forms of Proceedings |
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Page 19
... circumstances , not necessarily included in the ori- ginal offence , punishable in a different manner from what it would be punished without such circumstances — or where the nature of the com- mon law offence is changed by statute from ...
... circumstances , not necessarily included in the ori- ginal offence , punishable in a different manner from what it would be punished without such circumstances — or where the nature of the com- mon law offence is changed by statute from ...
Page 20
... circumstances , and with the intent mentioned in the statute , which of course contains the only appropriate definition of the crime . ( 0 ) A new felony created by statute has all the incidents it would have at common law . Therefore ...
... circumstances , and with the intent mentioned in the statute , which of course contains the only appropriate definition of the crime . ( 0 ) A new felony created by statute has all the incidents it would have at common law . Therefore ...
Page 25
... circumstances of each case . ( b ) It is a general rule that all homicide is malicious , and of course amounts to murder , unless where justified by the command or permis- sion of the law ; excused on the account of accident or self ...
... circumstances of each case . ( b ) It is a general rule that all homicide is malicious , and of course amounts to murder , unless where justified by the command or permis- sion of the law ; excused on the account of accident or self ...
Page 27
... circumstances to the satisfac- tion of the court and jury , unless they arise out of the evidence produced against him . ( 0 ) Where the defence rests upon some violent provocation , it will not avail if it appears that there was an ...
... circumstances to the satisfac- tion of the court and jury , unless they arise out of the evidence produced against him . ( 0 ) Where the defence rests upon some violent provocation , it will not avail if it appears that there was an ...
Page 34
... circumstances that if the officer or private person were killed it would have been murder ; for if the circumstances of the case were such that it would have been manslaughter only to kill the officer or private person , it would be ...
... circumstances that if the officer or private person were killed it would have been murder ; for if the circumstances of the case were such that it would have been manslaughter only to kill the officer or private person , it would be ...
Other editions - View all
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour No preview available - 2017 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver Lorenzo Barbour No preview available - 2015 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour No preview available - 2017 |
Common terms and phrases
20th day accessary aforesaid alleged appear Arch arrest assault bail bastard burglary cause certiorari charged child Chit Commence committed common jail common law complaint Conclude constable conviction counterfeit court of special Cowen crime criminal custody defendant defraud discharged dwelling house East's P. C. evidence examination execution fact false forged forgery Fost guilty Hale Hale's P. C. Hawk indictment instrument intent issued James James Den John Doe John Styles judgment jury justice kill larceny Leach magistrate maliciously manslaughter Matt misdemeanor murder necessary New-York oath October last offence officer oyer and terminer P. C. ch party peace perjury person Peter White Polly White principal prisoner proceedings proof prosecution prosecutor proved Ransom Cook recognizance revised statutes Richard Fen Roscoe's Cr Russ SARATOGA COUNTY Saratoga Springs special sessions Stark stealing sufficient supreme court sureties sworn thereof town of Saratoga trial warrant Wend witness writ
Popular passages
Page 38 - Homicide is also justifiable when committed by any person in either of the following cases: "(1) When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or In any dwelling house In which such person shall be...
Page 644 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Page 211 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Page 25 - And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is presumed to be malicious, until the contrary appeareth upon evidence1.
Page 59 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 441 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 235 - Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing such act shall be deemed a misdemeanor.
Page 153 - Therefore no delivery of the goods from owner to the offender, upon trust, can ground a larceny. As if A lends B a horse, and he rides away with him ; or if I send goods by a carrier, and he carries them away; these are no larcenies.
Page 333 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.
Page 60 - The killing of a human being, without a design to effect death, by the act, procurement or culpable negligence of...