Commentaries on the Criminal Law, Том 1Little, Brown, 1858 |
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... considered , not as independent and isolated topics , as they are in the treatises now in use , but as branches from one stem , which is Maritime Law . The first book contains the Law of Shipping ; the second , the Law of Marine ...
... considered , not as independent and isolated topics , as they are in the treatises now in use , but as branches from one stem , which is Maritime Law . The first book contains the Law of Shipping ; the second , the Law of Marine ...
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... considered in these vol- umes , we have found a more thorough discussion , and a larger and better collection of cases , than in any other treatise , however voluminous . " We think they will add to the author's reputation , and , for ...
... considered in these vol- umes , we have found a more thorough discussion , and a larger and better collection of cases , than in any other treatise , however voluminous . " We think they will add to the author's reputation , and , for ...
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... considered truth to be as efficacious for his object . Moreover , in another aspect , the man from whose heart falsehood is flowing cannot pretend his heart is at the same time . pure ; and he who utters one thing he knows to be untrue ...
... considered truth to be as efficacious for his object . Moreover , in another aspect , the man from whose heart falsehood is flowing cannot pretend his heart is at the same time . pure ; and he who utters one thing he knows to be untrue ...
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... considered as of full force , until repealed by legislative author- ity . " R. S. of 1845 , c . 62 , § 1 , p . 337 ; Plumleigh v . Cook , 13 Ill . 669 . Indiana . Similar to Illinois . R. S. c . 91 , § 1 ; Dawson v . Shaver , 1 Blackf ...
... considered as of full force , until repealed by legislative author- ity . " R. S. of 1845 , c . 62 , § 1 , p . 337 ; Plumleigh v . Cook , 13 Ill . 669 . Indiana . Similar to Illinois . R. S. c . 91 , § 1 ; Dawson v . Shaver , 1 Blackf ...
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... considered by and by . Already we have taken a partial view of the adjudged cases , and the use to be made of them . We have seen , 1 that the reasons which the judge gives for his conclusion are not , like the conclusion itself ...
... considered by and by . Already we have taken a partial view of the adjudged cases , and the use to be made of them . We have seen , 1 that the reasons which the judge gives for his conclusion are not , like the conclusion itself ...
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¹ Rex 4th ed 9 Car accessory according authority Blackf Broom Leg chapter cited civil committed common law Commonwealth Conn Const constitution construed conviction court Cranch Crawf Crim crime criminal law Cush decisions deemed defendant Denio Dix C. C. doctrine dwelling-house East P. C. English statutes fact felony Grat Grea Greenl guilty Hale P. C. Hawk held Humph indictable intent Ired jeopardy judges judicial jurisprudence jury larceny Leach legislative legislature malum in se malum prohibitum manslaughter Mass matter ment misdemeanor Misso Monr monwealth Moody murder nature offence Ohio P. C. Curw particular penal penalty person Pick principle prisoner proceeding proposition prosecution provision punishment question Raym reason repeal Reports rule Russ Salk Smith Stat statute statutory Stra Strob supra thing tion treason tribunals United vols Wend words wrong Yerg
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Стр. 27 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Стр. 714 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Стр. 22 - California passed an act providing that "the common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the courts of this state.
Стр. 606 - The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the Captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities...
Стр. 155 - 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, and not in the judicial, department.
Стр. 333 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Стр. 85 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Стр. 630 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Стр. 633 - Every citizen of the United States is also a citizen of a State or Territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Стр. 155 - 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. The case must be a strong one, indeed, which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.