Project of a New Penal Code for the State of Louisiana

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Baldwin, Cradock, and Joy, 1824 - Criminal law - 146 pages
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Page 112 - No act done by a person in a state of insanity can be punished as an offence...
Page 139 - When the jurisdiction of such court or officer has been exceeded; 2. "When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge; 3.
Page 138 - If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1.
Page 23 - If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, . . . thou shalt not consent unto him, nor hearken unto him...
Page 12 - By our constitution the right of a trial by jury is secured to the accused, but it is not exclusively established. This, however, may be done by law, and there are so many strong reasons in its favour, that it has been thought proper to insert in the code, a precise declaration, that in all criminal prosecutions, the trial by jury is a privilege which cannot be renounced.
Page 127 - ... shall make a return, in like manner, and the like proceedings shall be had, as if a writ of habeas corpus had been issued in the first instance.
Page 127 - Where it appears, by proof satisfactory to a court or judge, authorized to grant either writ, that a person is held in unlawful confinement or custody, and that there is good reason to believe that he will be carried out of the State, or suffer...
Page 139 - Where the court has exceeded the limits of its jurisdiction, either as to matter, place, sum or person. 2. Where, though the original imprisonment was lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to his liberty.
Page 63 - Father, who wouldest not the death of a sinner but rather that he should turn from his wickedness and live...

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