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Project of a New Penal Code for the State of Louisiana (Classic Reprint)
No preview available - 2016
Project of a New Penal Code for the State of Louisiana
Edward Livingston,Louisiana Legislature
No preview available - 2018
accused adopted appear apply arrest assembly attend authority becomes body called capital cause chapter circumstances civil commission committed common confined considered constitution contains conviction court crime criminal custody death directed discharge division duty effect established evidence evil examining example execution exercise exist fact favour feelings force frequent give given granted guilty habeas corpus human important imprisonment inflicted innocent institutions intended interest issue judge jury justice legislation less liberty manner means ment minds mode nature necessary never object offence officer operation opinion party passions penal law penalty perform person practice prevent principles prisoner produce proper prosecution proved provisions punishment reason received reformation relation remedy render respect restraint rules securing sentence society suffer sufficient tion trial truth unless warrant whole witnesses writ of habeas
Page 112 - No act done by a person in a state of insanity can be punished as an offence...
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.