A Treatise on the Law of Crimes, Volume 1Keefe-Davidson law book Company, 1900 - Criminal law |
From inside the book
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Page 13
... Mass . 245 ; Com . v . Barlow , 4 Mass . 439 ; State v . Murphy , 17 R. I. 698 . There is a decision to the contrary in New Hampshire . It was there held that the English test of a felony does not apply in this country , but that , even ...
... Mass . 245 ; Com . v . Barlow , 4 Mass . 439 ; State v . Murphy , 17 R. I. 698 . There is a decision to the contrary in New Hampshire . It was there held that the English test of a felony does not apply in this country , but that , even ...
Page 14
... Mass . 254 ; Com . v . Barlow , 4 Mass . 439 ; post , § 164 . 34 Thus , where a statute declared that one convicted of a certain offense which was not a felony at common law ( assault with intent to murder ) should be deemed a ...
... Mass . 254 ; Com . v . Barlow , 4 Mass . 439 ; post , § 164 . 34 Thus , where a statute declared that one convicted of a certain offense which was not a felony at common law ( assault with intent to murder ) should be deemed a ...
Page 19
... ( Mass . ) 329 , 349 ; People v . Hanrahan , 75 Mich . 611 . The test is the possible punishment , the pun- ishment that may be imposed , and not the pun- ishment actually awarded in the particular case . Ex parte Wilson , supra . In ...
... ( Mass . ) 329 , 349 ; People v . Hanrahan , 75 Mich . 611 . The test is the possible punishment , the pun- ishment that may be imposed , and not the pun- ishment actually awarded in the particular case . Ex parte Wilson , supra . In ...
Page 21
... Mass . 323 , 19 Am . Rep . 362 , Beale's Cas . 204 . 46 Com . v . Kingsbury , 5 Mass . 106 ; State v . Cooper , 13 N. J. Law , 361 , 25 Am . Dec. 490 ; Peo- ple v . Bruno , 6 Park . Cr . R. ( N. Y. ) 657 ; Lambert v . People , 9 Cow ...
... Mass . 323 , 19 Am . Rep . 362 , Beale's Cas . 204 . 46 Com . v . Kingsbury , 5 Mass . 106 ; State v . Cooper , 13 N. J. Law , 361 , 25 Am . Dec. 490 ; Peo- ple v . Bruno , 6 Park . Cr . R. ( N. Y. ) 657 ; Lambert v . People , 9 Cow ...
Page 24
... Mass . 309. And there may be a conviction of assault and battery on an indictment for rape . Com . v . Drum , 19 Pick . ( Mass . ) 479 ; Com . v . Dean , 109 Mass . 349 . See , also , Glover v . Com . , 86 Va . 382 , Beale's Cas . 133 ...
... Mass . 309. And there may be a conviction of assault and battery on an indictment for rape . Com . v . Drum , 19 Pick . ( Mass . ) 479 ; Com . v . Dean , 109 Mass . 349 . See , also , Glover v . Com . , 86 Va . 382 , Beale's Cas . 133 ...
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Other editions - View all
Common terms and phrases
accused Allen Mass another's apply arson attempt to commit Beale's Cas belief bigamy coercion Comm commit a crime common law Conn conspiracy constitute construed convicted courts Crim criminal intent criminally responsible defense defense of property disease drunkenness excuse existence felony fense Fost Gray Mass guilty Hale held homicide Humph husband ignorance or mistake implied indictable injury intent to commit Iowa jury justifiable larceny legislature malice malum in se malum prohibitum manslaughter married merely Metc Minn misdemeanor mistake of fact mistake of law murder N. J. Law necessary necessity negligence offense Ohio St particular penal statutes principle prosecution punishing any person Q. B. Div rape reason render repeal right and wrong rule Smith specific intent statutes punishing statutory Strob supra Tenn tion Tolson unlawful violation willfully
Popular passages
Page 221 - ... 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 526 - 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 95 - 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 74 - 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 411 - 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 417 - If it were not assize time, I would not take such language from you...
Page 300 - Without attempting to review and reconcile all the cases, we are of opinion that as a general description, though perhaps not a precise or 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 525 - 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...
Page 225 - If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Page 96 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.