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accessory acquittal alleged amended appear arraigned arrest of judgment attainder aver awarded benefit of clergy burglary Burr capias caption certiorari CHAP charged the defendant circumstances clergy committed common law conviction coroner court crime criminal death defect demurrer described dictment East Eliz enacts exigent fact false fatal felony forged Fost found guilty holden Holt indictment charged innuendo insufficient intent issue judges jurors jury justices King King's Bench laid larciny Leach libel Lord Coke Lord Hale Lord Mansfield maliciously manslaughter matter ment misdemeanor murder necessary offence opinion outlawry oyer and terminer parish particular party perjury person plaintiff plea plead principal prisoner procure prosecutor proved quash record rejected as surplusage robbery rule Salk Saund seems sheriff shew stat statute stealing stolen sufficient tion Trem trial unnecessary variance words writ writ of error
Strona 102 - in every presentment or indictment prosecuted against any person for perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have competent authority to administer the same...
Strona 103 - ... assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed.
Strona 34 - But if it appear before the defendant has pleaded, or the jury are charged, that he is to be tried for separate offences, it has been the practice of the judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his challenge of the jury ; for he might object to a juryman's trying one of the offences, though he might have no reason to do so in the other.
Strona 126 - Pounds, to be applied to the relief of the widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, preferring death to slavery, were, for that reason only, inhumanly murdered by the King's troops, at or near Lexington and Concord, in the Province of Massachusetts, on the 19th of last April.
Strona 272 - One of the Judges of the said Court in Vacation; and the Recognizance to be thereupon taken shall be returned and filed in the said Court, and shall continue in force until such Person shall have been acquitted of such Offence, or in case of Conviction, shall have received Judgment for the same, unless sooner ordered by the Court to be discharged...
Strona 121 - For an innuendo means nothing more than the words, ' id est,' ' scilicet,' or ' meaning,' or
Strona 218 - Esquires, and others their fellows, justices of our said Lord the King, assigned to keep the peace in...
Strona 227 - The charge must contain such a description of the crime, that the defendant may know what crime it is which he is called upon to answer ; that the jury may appear to be warranted in their conclusion of ' guilty' or ' not ' guilty' upon the premises delivered" to them ; and that the Court may see such a definite crime, that they may apply the punishment which the law prescribes.
Strona 272 - ... lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such person to be apprehended and brought before him, or some other judge of the same court, or before some one of...
Strona 255 - Law of the Land. IV. And in the eight and twentieth Year of the Reign of King Edward the Third, it was declared and enacted by Authority of Parliament, That no Man of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to Death, without being brought to answer by due Process of Law : V.