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" But in case a man in a phrenzy happen by some oversight, or by means of the gaoler to plead to his indictment, and is put upon his trial', and it appears to the court upon his trial, that he is mad, the judge in discretion may discharge the jury of him,... "
Historia Placitorum Coronæ: The History of the Pleas of the Crown - Page 448
by Sir Matthew Hale - 1800
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A Report of Some Proceedings on the Commission of Oyer and Terminer and Goal ...

Sir Michael Foster - Accomplices - 1767 - 460 pages
...appeareth to the Court on " his Trial that he is Mad; the Judge, in Difcretion, " may difcharge the Jury of him; and remit him to " Gaol to be tried after the Recovery of his Under" ftanding." BUT without referring to Authorities in a plain Cafe, the common...
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Arguments and Decisions, in Remarkable Cases: Before the High Court of ...

Lord John Maclaurin Dreghorn, Scotland. High Court of Justiciary - Criminal law - 1774 - 840 pages
...appears to the court, upon his trial, that he is mad ; the judge, '* in difcretion, may difcharge the jury of him, and remit him to " gaol, to be tried after the recovery of his underftanding, efpecial" ly in cafe any doubt appears upon the evidence, touching...
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - Accomplices - 1809 - 504 pages
...appeareth to the court, on his trial, that he is mad ; the judge, in discretion, may discharge the jury of him, and remit him to gaol, to be tried after the recovery of his understanding." But without resorting to authorities in a plain case, the common...
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Medical Jurisprudence, Volume 3

John Ayrton Paris, John Samuel Martin Fonblanque - Medical jurisprudence - 1823 - 536 pages
...be not, he should not be arraigned at that time ; "but the judge in his discretion may discharge the jury of him, and remit him to gaol to be tried after the recovery of his understanding, especially if any doubt appear upon the evidence touching the guilt...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 1

William Oldnall Russell - Criminal law - 1826 - 780 pages
...it appears to the Court upon his trial that he is mad, the judge in his discretion may discharge the jury of him and remit him to gaol to be tried after the recovery of his understanding, especially in case any doubt appear upon the evidence touching his...
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A Practical Treatise on the Law Concerning Lunatics, Idiots, and Persons of ...

Leonard Shelford - Costs (Law) - 1833 - 964 pages
...appears to the Court upon his trial that he is mad, the Judge, in his discretion,, may discharge the jury of him, and remit him to gaol to be tried after the recovery of his understanding, especially, in case any doubt appears upon the evidence touching...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1839 - 1086 pages
...and it appears to the court upon his trial, that he is mad, the judge in discretion may discharge the jury of him, and remit him to gaol to be tried after the recovery of his Witnesses were then examined who gave evidence of the defendant's insanity at a...
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A Treatise on Crimes and Misdemeanors, Volume 1

William Oldnall Russell - Criminal law - 1843 - 1068 pages
...it appears to the Court upon his trial that he is mad, the Judge in his discretion may discharge the jury of him and remit him to gaol to be tried after the recovery of his understanding, especially in case any doubt appear upon the evidence touching his...
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 2

Sir Matthew Hale - Pleas of the crown - 1847 - 764 pages
...is put on his trial, and it appears to the court that he is mad, judge in discretion may discharge jury of him, and remit him to gaol to be tried after...recovery; but if there be no colour of evidence to find him guilty, or there be pregnant evidence to prove his insanity at time of fact done, in favour...
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 1

Sir Matthew Hale - Criminal law - 1847 - 774 pages
...and it appears to the court upon his trial, that he is mad, the judge in discretion may discharge the jury of him, and remit him to gaol to be tried after the recovery of his understanding, especially in case any doubt appear upon the evidence touching the...
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