Albany Law Journal, Band 1Weed, Parsons & Company, 1870 |
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Seite 20
... trial . The defendant in error was indicted for murder in the first degree . It appeared that the accused and the mur- dered man had met in the street and that almost at the instant of meeting the accused , actuated by some supposed ...
... trial . The defendant in error was indicted for murder in the first degree . It appeared that the accused and the mur- dered man had met in the street and that almost at the instant of meeting the accused , actuated by some supposed ...
Seite 22
... TRIAL . 1. Jury . There is no error in the action of the court in refus ing a new trial on the ground that one of the jurors set in a pre . vious trial of the case , when it is not shown that the attorneys of the applicant , as well as ...
... TRIAL . 1. Jury . There is no error in the action of the court in refus ing a new trial on the ground that one of the jurors set in a pre . vious trial of the case , when it is not shown that the attorneys of the applicant , as well as ...
Seite 23
... trial and the submission of the case to the jury , is not newly discovered evi- dence , for which a new trial will be granted , where it appears that such evidence was at the time of discovery within reach of the party . In such a case ...
... trial and the submission of the case to the jury , is not newly discovered evi- dence , for which a new trial will be granted , where it appears that such evidence was at the time of discovery within reach of the party . In such a case ...
Seite 33
... trial . The People carried the case to the Court of Appeals , where the judgment of the General Term was reversed , and the verdict of the jury sustained , not upon the ground that it was not erroneous , but that the prisoner's counsel ...
... trial . The People carried the case to the Court of Appeals , where the judgment of the General Term was reversed , and the verdict of the jury sustained , not upon the ground that it was not erroneous , but that the prisoner's counsel ...
Seite 35
... trial for crime is absolutely entitled to have assigned to his defense counsel , whose services can thus be required without compensation . It is probable that the provision of the Constitution of the United States giving to a person ...
... trial for crime is absolutely entitled to have assigned to his defense counsel , whose services can thus be required without compensation . It is probable that the provision of the Constitution of the United States giving to a person ...
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Beliebte Passagen
Seite 73 - This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple and of a less mercurial cast, judge of an ill principle in government only by an actual grievance. Here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Seite 50 - I said, there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
Seite 346 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Seite 108 - Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.
Seite 326 - ... 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 laboring 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.
Seite 120 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Seite 53 - Be not too tame neither, but let your own discretion be your tutor : suit the action to the word, the word to the action, with this special observance, that you o'erstep not the modesty of nature...
Seite 165 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Seite 133 - Congress a power to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States...
Seite 324 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.