Criminal Procedure; Or, Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases, Τόμος 1


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Σελίδα 144 - Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Σελίδα 8 - King, and you upon your respective trials, [or, in a capital case, 'upon your life and" death']; if therefore you or any of you will challenge them or any of them you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard.
Σελίδα 395 - In the name of the people of the State of Illinois; and all prosecutions shall be carried on in the name and by the authority of the people of the State of Illinois; and conclude: Against the peace and dignity of the same.
Σελίδα 470 - AB in his own proper person cometh into court here, and having heard the said indictment read, saitli that the said indictment and the matters therein contained, in manner and form as the same above are stated and set forth...
Σελίδα 74 - December, in the sixth year of the reign of our Sovereign Lord George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland king, defender of the faith, with force and arms, at the parish of West Ham aforesaid, in the county of Essex aforesaid, did, &c. [setting forth the particular offence ; and, at the commencement of every fresh sentence, stating, ' and the jurors aforesaid, on their oath aforesaid, do further present, that,
Σελίδα 487 - As by the record thereof more fully and at large appears, which said judgment still remains in full force and effect, and not in the least reversed or made void.
Σελίδα 212 - ... all pleas which shall be pleaded in his court whatsoever, before any of his justices whatsoever, or in his other places, or before any of his other ministers whatsoever, or in the courts and places of any other lords whatsoever within the realm, shall be pleaded, showed, defended, answered, debated and judged in the English tongue...
Σελίδα 526 - A State cannot deprive a person of his property without due process of law ; but this does not necessarily imply that all trials in the State courts affecting the property of persons must be by jury. This requirement of the Constitution is met if the trial is had according to the settled course of judicial proceedings. Murray's Lessee v. Hoboken L. £ I. Co., 18 How. 280. Due process of law is process due according to the law of the land. This . process in the States is regulated by the law of the...
Σελίδα 711 - ... it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness...
Σελίδα 144 - Search-warrants were never recognized by the common law as processes which might be availed of by individuals in the course of civil proceedings, or for the maintenance of any mere private right ; but their use was confined to cases of. public prosecutions instituted and pursued for the suppression of crime, and the detection and punishment of criminals.

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