A Treatise on Criminal Law: By Francis Wharton ...Kay and Brother, 1880 |
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absolute theory accessary acquitted agent arrest assailant assault attempt authority cause charged child cited committed common law consent constitute conviction courts Cox C. C. Crim crime criminal danger death deceased defendant distinction dolus duty East P. C. effect evidence excuse execution fact federal felony fence Fost Grat grievous bodily harm guilty habeas corpus Hale Hawk held homicide hot blood Humph husband Ibid indictable offence indictment inflicted infra injury insanity instigator Iowa Judge jurisdiction jury justice larceny liable malice malum in se manslaughter Mass ment misdemeanor murder necessary negligence object offence officer Ohio St omission Parker C. R. party penal Penn perpetrator person Plead Prac premeditation principal prisoner prosecution proved provocation punishment question rape reason responsible Roman law rule Russ scienter second degree self-defence shoots slaughter Smith Stat statute supposed supra tion United unlawful verdict Whart wife wound wrong
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Halaman 54 - ... 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 labouring 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.
Halaman 55 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Halaman 30 - As the government of the United States of America is not in any sense founded on the Christian religion — as it has in itself no character of enmity against the laws, religion or tranquillity of...
Halaman 277 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Halaman 795 - Congress may declare war, raise and support armies, provide and maintain a navy, and make rules for the government and regulation of the land and naval forces...
Halaman 64 - There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance. The doctrine which acknowledges this mania is dangerous in its relations, and can be recognized only in the clearest cases. It ought to be shown to have been habitual, or at least to have evinced itself in more than a single instance.
Halaman 670 - Larceny is the felonious taking and carrying away of the personal goods of another.
Halaman 470 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased, and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Halaman 293 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or, being a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption...
Halaman 793 - Shall, contrary to or without the authority of his principal in that behalf, for his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted...