A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2 |
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Page 1137
... accused was not a part of the store - house , they should acquit , -it was held that the question was one of law ; but , as the jury decided it rightly , by convicting the defendant , the judgment was ordered to stand.39 § 1480 ...
... accused was not a part of the store - house , they should acquit , -it was held that the question was one of law ; but , as the jury decided it rightly , by convicting the defendant , the judgment was ordered to stand.39 § 1480 ...
Page 1210
... accused is guilty of the offense with which he is charged . " " Such facts and circum- stances as would induce an ingenuous and unprejudiced man , of common capacity , in the defendant's situation , to believe the plain- tiff to be ...
... accused is guilty of the offense with which he is charged . " " Such facts and circum- stances as would induce an ingenuous and unprejudiced man , of common capacity , in the defendant's situation , to believe the plain- tiff to be ...
Page 1431
... accused again to trial upon the same charge , or to subject the jury to punishment . This power , instead of being called a power to judge of the law , should rather be re- garded as a power to set aside the law in a given instance ...
... accused again to trial upon the same charge , or to subject the jury to punishment . This power , instead of being called a power to judge of the law , should rather be re- garded as a power to set aside the law in a given instance ...
Page 1432
... accused of a crime is en- abled , by the general plea of not guilty , to have the benefit of a trial in which the judge and jury are a check upon each other . " Hargrave's Notes , 1 Inst . 155 , b . In 1641 the following , among other ...
... accused of a crime is en- abled , by the general plea of not guilty , to have the benefit of a trial in which the judge and jury are a check upon each other . " Hargrave's Notes , 1 Inst . 155 , b . In 1641 the following , among other ...
Page 1433
... accused might be as much en- dangered as the stability of public justice certainly would be . " ' 24 It was well said by Mr. Justice Story , in discussing this question : " If the jury were at liberty to settle the law for themselves ...
... accused might be as much en- dangered as the stability of public justice certainly would be . " ' 24 It was well said by Mr. Justice Story , in discussing this question : " If the jury were at liberty to settle the law for themselves ...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 4 Seymour D Thompson No preview available - 2019 |
Common terms and phrases
43 South accused acquit action adverse possession affidavits alleged appear apply Bank Barb carrier charge the jury Chicago circumstances common carrier common law conclusion Conn contract contributory negligence conviction counsel Crim criminal damages Davis deed defendant defendant's dence doctrine duty erroneous evidence tending fraud give given ground guilty held error indictment inference injury instruct the jury Iowa Jones judge judgment jurors Justice Law Rep liability malice matter of law ment Minn Missouri motion N. R. Co negligence nonsuit Ohio St opinion party person plaintiff pleadings possession presumption probable cause proper prosecution proved question of fact question of law reasonable doubt refuse request rule sealed verdict Smith statute struction submitted sufficient supra Supreme Court Tenn testimony Texas Thomp tion trial by jury trial court unless Wend witness
Popular passages
Page 1481 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
Page 1481 - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
Page 1482 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Page 1798 - ... 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.
Page 1054 - ... for the court and not a question of fact for the jury.
Page 1484 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Page 1480 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Page 1739 - 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.
Page 1301 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 1250 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.