The Pacific Reporter, Τόμος 194

Εξώφυλλο
West Publishing Company, 1921

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Σελίδα 349 - The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental...
Σελίδα 242 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Σελίδα 38 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conelusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the • face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Σελίδα 349 - Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law.
Σελίδα 51 - ... .7 That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Σελίδα 468 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Σελίδα 363 - ... for more than one year, without first having obtained from the commission a certificate that public convenience and necessity require the exercise of such right or privilege...
Σελίδα 233 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Σελίδα 423 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Σελίδα 283 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...

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