Leading Cases Simplified: A Collection of the Leading Cases in Criminal LawF.H. Thomas & Company, 1884 - 327 ページ |
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31 ページ
... true distinctions that ought to be attended to in all cases of this kind and which will solve them all , is this : - that in such impositions or deceits where common pru- dence may guard persons against the suffering from them , the ...
... true distinctions that ought to be attended to in all cases of this kind and which will solve them all , is this : - that in such impositions or deceits where common pru- dence may guard persons against the suffering from them , the ...
32 ページ
... true to say that Suttee was or was not murder , according as it was or was not carried on within the Mahratta ditch . In the same way it was morally right according to Hindoo views and morally wrong according to English views . " What ...
... true to say that Suttee was or was not murder , according as it was or was not carried on within the Mahratta ditch . In the same way it was morally right according to Hindoo views and morally wrong according to English views . " What ...
36 ページ
... true that none but a very depraved man would suffer another to be drowned when he might prevent it by a word . But if we punish such a man , where are we stop ? How much exertion are we to require ? Is a person to be a murderer if he ...
... true that none but a very depraved man would suffer another to be drowned when he might prevent it by a word . But if we punish such a man , where are we stop ? How much exertion are we to require ? Is a person to be a murderer if he ...
52 ページ
... true . But fifteen of the sixteen judges were of opinion that this made no difference . " The Legislature has enacted , " said Bramwell , B. , " that if any one does this wrong act , he does it at the risk of her turning out to be under ...
... true . But fifteen of the sixteen judges were of opinion that this made no difference . " The Legislature has enacted , " said Bramwell , B. , " that if any one does this wrong act , he does it at the risk of her turning out to be under ...
54 ページ
... true rule on this point seems to be that the court must decide whether it was the intention of the Legislature that the person doing the forbidden act should do it at his peril or that his ignorance as to the existence of the fact or ...
... true rule on this point seems to be that the court must decide whether it was the intention of the Legislature that the person doing the forbidden act should do it at his peril or that his ignorance as to the existence of the fact or ...
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多く使われている語句
accessory adultery afterwards appeared arrest arson assault and battery assault with intent attempt Barratry Bartholomew Fair bigamy bodily harm breaking burglary called Champerty charge church common law common scold consent constable constitute convicted court held crime criminal crowd death defendant door duty Embracery escape excuse fact false pretenses felony force fraud girl guilty hand Honorable Sirs horse husband imprisonment indicted injury insanity intent to commit jail judge jury killing larceny libel living Longbottom Lord Denman malice manslaughter marriage married matter morning murder necessary necessity neighbors night nuisance oath offense officer party perjury person pistol principal prisoner prosecution punishment purpose rape reason refused resist riot rule Sabbath breaking self-defense Selfridge Smith statute street sufficient Sunday Supreme Court swearing thing tion trial unlawful assembly Vaiden violence wife window woman words wrong
人気のある引用
7 ページ - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
7 ページ - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
10 ページ - On the contrary, although he may be laboring •under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, lie will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
10 ページ - In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
7 ページ - For example, if under the influence of his delusion he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defense, he would be exempt from punishment.
254 ページ - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
9 ページ - In order to constitute a crime, a person must have intelligence and capacity enough to have a criminal intent and purpose ; and if his reason and mental powers are either so deficient that he has no will, no consicence or controlling mental power, or if. through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
11 ページ - ... it is not every kind of frantic humor or something unaccountable in a man's actions that points him out to be such a madman as is to be exempted from punishment; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...
41 ページ - It is not murder if Z is a beggar, who has no other claim on A than that of humanity. A omits to tell Z that a river is swollen so high that Z cannot safely attempt to ford it, and by this omission voluntarily causes Z's death.
6 ページ - What is the law respecting alleged crimes, committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons ; as for instance, where, at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or avenging some supposed grievance or injury, or of producing some supposed public benefit.