A Brief for the Trial of Criminal CasesLaywers' cooperative publishing Company, 1902 - 814 страница |
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Друга издања - Прикажи све
A Brief for the Trial of Criminal Cases Austin Abbott,William Constantine Beecher Приказ није доступан - 2015 |
Чести термини и фразе
accomplice accused acquittal admissible affidavit Affirming alleged allow application arraignment arrest assault cause change of venue charged circuit court cited committed common law competent confession constitutional conviction corpus delicti counsel crime criminal cross-examination defendant defendant's demurrer dence discharge discretion disqualified evidence examination fact felony former jeopardy grand jury ground guilty held error held not error holding insanity instruction intent Iowa judge judgment jurisdiction juror larceny ment motion to quash murder N. Y. Code Crim N. Y. Crim nolle prosequi objection offense oyer and terminer party peremptory challenges person plea in abatement plea of former plead present prisoner Proc proof prosecution prove provides question reasonable doubt reversed reversible error rule Stat statement statute sufficient sworn testify testimony tion trial court United verdict voir dire waived witness
Популарни одломци
Страница 135 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Страница 373 - ... person so charged shall, at his own request, but not otherwise, be deemed a competent witness; and his neglect or refusal to testify shall not create any presumption against him.
Страница 377 - Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Страница 693 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Страница 387 - A person who has been convicted of a crime or misdemeanor is. notwithstanding, a competent witness in a civil or criminal action or special proceeding: but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any question, relevant to that inquiry ; and the party cross-examining him is not concluded, by his answer to such a question.
Страница 120 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Страница 370 - No person shall be disqualified as a witness in any criminal case or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility...
Страница 665 - ... 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.
Страница 280 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Страница 372 - no person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party, or otherwise, or by reason of his conviction of a crime ; but, such interest or conviction may be shown for the purpose of affecting his credibility.