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" Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted... "
Summary of the Criminal Law - Page 392
by Henry John Stephen - 1834 - 506 pages
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1866 - 416 pages
...misdemeanor it shall Ire proved that he obtained the property in question in any such manner as toamount in law to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor." Upon this it was submitted that there was not sufficient evidence, had this been an indictment for...
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Commentaries on the Laws of England: In Four Books, Volume 2

William Blackstone, George Sharswood - Law - 1867 - 810 pages
...upon the trial of any person indicted for such misdemeanor, it shall be proved that he obtained the property in question in any such manner as to amount...larceny, he shall not, by reason thereof, be entitled to he acquitted of such misdemeanor ; and no such indictment shall be removable by cerliomri ; and no...
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Reports of Cases Decided at Nisi Prius and at the Crown Side on ..., Volume 4

Thomas Campbell Foster, William Francis Finlason - Law reports, digests, etc - 1867 - 1150 pages
...misdemeanor, it shall appear that the facts given in -evidence amount in law to a felony, such person shall not, by reason thereof, be entitled to be acquitted of such misdemeanor ; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony on the same...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - Criminal law - 1868 - 806 pages
...that if, upon the trial of any person indicted for such fraud, it shall be proved that he obtained the property in question in any such manner as to amount...larceny, he shall not, by reason thereof, be entitled to an acquittal, and no person tried for such fraud shall be liable to be afterwards prosecuted for larceny...
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Criminal Law Consolidation: The Public General Statutes Consolidating the ...

Great Britain - Criminal law - 1868 - 244 pages
...property in question in a*'nnuCnts to any such manner as to amount in law to larceny, he shall larceny. not by reason thereof be entitled to be acquitted of such misdemeanor ; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1870 - 1090 pages
...extent indicated by the proviso that if it be proved that the person indicated obtained the property in such manner as to amount in law to larceny he shall...not by reason thereof be entitled to be acquitted ; but it is made more clear by referring to the earlier statute, from which the language of the 88th...
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A Digest of the Reported Cases (from 1756 to 1870, Inclusive,) Relating to ...

Robert Alexander Fisher - Criminal law - 1871 - 724 pages
...application or disposi" tion as aforesaid, it shall be proved " that he tooTc the property in qiics" tion in any such manner as to " amount in law to larceny,...not by reason thereof be entitled " to be acquitted, but the jury shall " be at liberty to return as their " verdict that such person is not 134 135 " guilty...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Volume 11

Edward William Cox - Criminal law - 1871 - 856 pages
...extent, indicated by the proviso " that if it be proved that the person indicted obtained the property in such manner as to amount in law to larceny, he shall...not, by reason thereof, be entitled to be acquitted ;" but it is made more clear by referring to the earlier statute, from which the language of the 88th...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1875 - 532 pages
...in law to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor; and no person tried for such misdemeanor shall be...afterwards prosecuted for larceny upon the same facts." Under this provision it would be a question for the jury if the possession was obtained by a trick,...
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The Constitution and Practice of Courts Martial: With a Summary of the Law ...

Thomas Frederick Simmons - Courts-martial and courts of inquiry - 1875 - 612 pages
...service, or in the police, if it shall be proved that he took the property in question in any sucli manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted ; but may be found guilty of simple larceny, or of larceny as a clerk, servant, or person employed...
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