Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Količina 8

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William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1915
 

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Insanity Induced by Intoxication
130
Specific Intent as Essential Element of Crime Malice
131
In General IX Statute of Limitations
132
Commencement of Statutory Period 111 Commencement of Prosecution 112 Concealment of Defendant as Tolling Statute
133
Pleading Statute Allegation of Facts Avoiding Statute X Defense of Former Jeopardy 114 Common Law Rule 115 Constitutional Provisions IN GEN...
134
Single Act Violating Different Statutes of Same Jurisdiction
135
Necessity that Former Jeopardy Be in Same County or State 117 Character of Former Proceeding
136
Action for Damages or Penalty as Former Jeopardy 119 Injunction against Criminal
137
In General WHEN JEOPARDY ATTACHES
138
Effect of Swearing Jury
139
Void Indictment VALIDITY OF INDICTMENT
140
Indictment Defective but Not Void FORMER CONVICTION 125 Validity of Judgment
141
Necessity that Conviction Be Final 127 Collusive Conviction
142
NATURE OF SECOND PROSECUTION 128 Necessity that Second Trial Be for Same Act and Crime
143
Offenses Consisting of Series of Acts
144
Prosecution for Part as Bar to Whole
145
Acquittal or Conviction of Lesser Offense as Bar to Greater Involved Therein
146
Sickness of Judge or Defendant
147
Failure of Jury to Agree
148
Expiration of Term of Court before Verdict
149
Absence of Defendant as Ground for Discharging Jury
150
Necessity that Record Show Facts Authorizing Discharge
151
In General
152
NEW TRIAL AS SECOND JEOPARDY
160
Conviction of Lower Degree of Crime as Acquittal of Higher Degrees
161
Statutes Defining Scope of New Trial
162
Conviction of Intermediate Degree as Acquittal of Both Higher and Lower Degrees
163
Conviction on One or More of Several Counts Conviction of One of Sev eral Defendants
164
In General XI Trial and Review 158 Necessity for Service of Copy of Indictment Service of List of Jurors
165
Disclosure of Name of Private Prosecutor Service of Notice of List of Witnesses 160 Trial on Several Indictments
166
Separate Trial of Codefendants 162 Appeal and Error Right of State to Appeal 163 In General
167
Sanity of Accused
168
Evidence PRESUMPTIONS AND BURDEN OF PROOF
169
Shifting of Burden Matters of Defense
171
Burden of Proving Negative
172
Character 171 Statutory Enactments
177
RELEVANCY MATERIALITY COMPETENCY GENERALLY 172 RemotenessCircumstantial Evidence
179
Demonstrative Evidence
180
IntentMotive
181
Identification of Accused Generally
183
Identification by Voice 177 Tracking by Bloodhounds
184
Incrimination of Other PersonsAlibi
185
Threats Quarrels Hostility
186
Possession of Fruits of Crime
187
Intoxication 182 Insanity Generally
188
Opinion Respecting Mental State 184 Admission of What Is Expected to Be Proved by Absent Witness
190
Corporate Existence 186 Generally CONDUCT OF ACCUSED AFTER
191
Failure to Deny Accusation 188 Flight
192
Other Conduct
193
ILLEGALLY OBTAINED EVIDENCE 190 In General
194
Means Employed to Obtain Evidence Generally
195
Facts Obtained through Inadmissible Confessions 193 Evidence Obtained by Illegal Search
196
PROOF OF OTHER CRIMES 194 Generally
198
Incidental Disclosure of Other Offenses
199
Identification of Accused 197 Proof of Motive Intent Knowledge
201
Offenses in Proof of Which Evidence Is Competent
204
Proof of Subsequent Offenses
205
Relevancy of Proof to Offense Charged 201 Intent Otherwise Established
206
CHARACTER OR REPUTATION 202 In General
207
Traits of Character That May Be Proved
208
Time to Which Proof of Character Must Relate 205 Mode of Proof Personal Knowledge Reputation Specific Acts
209
Negative Evidence as to Character
211
Qualification of Witness 208 Character Not Put in Issue Attack by Prosecution
212
In General EVIDENCE AT FORMER TRIAL OR PROCEEDING
213
Nature of Former Proceedings 211 Absence of Witness
214
Disability or Death 213 Proof of Death Disability or Absence
216
Manner of Proving Former Testimony
217
DEGREE OF PROOF 215 Proof beyond Reasonable Doubt Generally
218
Elements That Must Be Proved beyond Doubt
219
Meaning of Reasonable Doubt
220
Defenses Generally
221
Insanity
223
Alibi
224
WEIGHT AND SUFFICIENCY 221 In General
225
Circumstantial Evidence
226
Character of Accused
227
Arrest of Judgment 224 Nature Scope and Grounds
228
When Motion Should Be Made Effect of Arresting Judgment
229
Judgment and Sentence IN GENERAL 226 Contents of Judgment Generally Conformity to Statute
230
Specification of Offense Adjudication of Guilt 228 When Sentence Should Be Imposed 229 Fixing Time for Execution of Judgment
231
Effect of Failure to Fix Time for Commencement of Sentence
232
Assessment of Separate Punishment for Each Offense Charged 232 Effect of Parole Statutes Necessity for Commitment
233
NECESSITY FOR DEFENDANTS PRESENCE WHEN SENTENCE IS IMPOSED 233 In General
234
Entry and Correction of Formal Matters Entry of Judgment Nunc Pro Tunc 235 Allocution FORMALITIES IN PASSING SENTENCE
235
Other Formalities
236
IMPROPER SENTENCE 237 Unauthorized Sentence Alternative Sentence
237
Excessive Sentence Inadequate Sentence
238
Remand for Proper Sentence
239
Temporary Suspension Placing Case on File and Continuing for Sen tence
249
Suspension during Good Behavior 255 Power to Sentence after Suspension
250
Suspension on Suggestion of Insanity
251
Statutory Regulation Presumption on Appeal STAY OF EXECUTION 258 Indefinite Stay
252
Temporary Stay of Execution for Particular Purposes
253
Stay During Good Behavior
254
Power to Enforce Judgment after Legal Stay
255
Effect of Unlawful Stay
256
Attainder 264 Power of Legislature to Fix Amount of Punishment
257
Assessment of Punishment by Jury 266 Right to Inflict Full Punishment on Each of Several Defendants
258
Effect of Lapse of Time without Serving Sentence EXTENT OF PUNISHMENT
259
CRUEL AND UNUSUAL PUNISHMENT
262
Restraint on Legislature or Judiciary
263
Severity of Particular Sentence Unequal Operation of Statute 274 Character of Punishment Death
264
Fine and Imprisonment Hard Labor 276 Other Kinds of Punishment
265
Duration of Punishment
266
Cumulative Punishment Increased Punishment of Habitual Criminals and Indeterminate Sentence
267
Sterilization and Asexualization
268
Definition FINES 281 Costs as Part of Fine Forfeiture as Fine 282 Imprisonment for Failure to Pay Fine
269
Excessive Fines Recovery of Fines Illegally Imposed Abatement on Death of Defendant
270
Habitual Criminals and Subsequent Offenders 284 Constitutionality of Statutes Generally 285 Prospective Operation of Statutes
271
Effect of Statutes as Placing Defendant Twice in Jeopardy
272
Effect as Violating Other Constitutional Guaranties 288 Identity of Offenses
273
Void Sentence on First Conviction Void First Conviction Effect of Pardon
274
Time of Prior Conviction with Respect to Commission of Second Offense 291 Prior Conviction in Another State
275
Third Conviction Where Second Conviction Was Not Punished as Subse quent Offense 293 Averment and Proof of Prior Conviction 294 Definition ...
276
Solicitation as Attempt
277
Preparation as Attempt
278
Necessity for Overt
279
Crime Prevented by Fact Unknown to Accused
280
Mistaken Belief as to Criminal Character of
281
Prevention of Crime SECURITY AFTER TRIAL 300 Common Law Power 301 Security as Part of Punishment To What Offenses Applicable
282
SECURITY AGAINST BREACH OF PEACE OR FOR GOOD BEHAVIOR 302 Preventive Justice Defined Power to Require Security 303 Proceeding...
283
Acts Amounting to a Breach of the Peace
285
Indictment and Defenses
286
CARRYING WEAPONS 308 Constitutionality of Statutory Regulation Generally
287
Violation of Statute as Depending on Intent
288
What Are Dangerous or Deadly Weapons Generally
289
As Depending on Condition of Weapon 312 Who Are Travelers within Meaning of Exemption in Concealed Weapon Statutes
290
What Amounts to Carrying and Concealment 314 Indictment and Defenses
292
Definition and Nature
293
Who May Commit Extortion Acts Amounting to Offense
294
Necessity for Guilty Intent Defenses
295
Indictment Punishment 319 Definition and Elements KIDNAPPING
296
Act of One Parent in Taking Child from Custody of Other as Kidnapping
297
Indictment Trial Punishment
298
Nature and Definition MALICIOUS MISCHIEF 323 Malice as Essential Element
299
Necessity for Showing Express Malice
300
Property That May Be Subject of Malicious Mischief
301
Acts Amounting to Malicious Mischief 327 Indictment Defenses
302
Grounds for Application Breach of Bond
304
Definition Test of Obscenity Constitutionality of Statutes
312
Necessity for Guilty Intent Effect of Motive
313
What Amounts to Obscene Publication
314
Nudity in Painting or Sculpture as Obscene 342 Application of Rules to Newspapers
315
Liability of Master for Acts of Servant in Selling Obscene Matter
316
Indictment
317
Question for Jury Proof
318
Definition 347 Elements of Offense
319
Indictment OFSTRUCTION OF JUSTICE PRIZE FIGHTING 349 Definition and Essential Elements
320
Indictment and Proof
321
Definition and Essential Elements
322
Federal White Slave Act Constitutionality 353 Statute Construed and Applied
324
Variance between Indictment and Proof
325
RESISTING OFFICER 355 In General Effect of Invalidity of Process or Improper Execution Thereof
326
What Amounts to Resistance Generally
327
Definition
328
Injuries Constituting Offense Means Employed
329
Intent and Premeditation as Essential Elements
330
Indictment Trial Defenses
331
Indictment Proof Verdict
332
Definition SODOMY
333
Penetration Per Os as Sodomy
334
Emission as Element of Crime Indictment Evidence
335
Definition Nature and Elements of Offense
336
Capacity of Alien to Commit Treason R C L Vol VIII
337
Decisions
354
Cruelty
385
Customs and Usages
413
In General
554
Dams
682
In General
734
Demonstrative Evidence
1128
Failure to Furnish Medical Attendance to Child as Constituting Offense 334 Defenses Generally
1130
Legal Separation as Defense 336 Jurisdiction and Venue 337 Exaction of Bond for Support in Lieu of Statutory Penalty
1184
Hearing Evidence to Determine Amount of Punishment 270 Indeterminate Punishment
1186
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Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 800 - Under this chapter an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action.
Stran 438 - ... the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Stran 312 - I think the test of obscenity is this: whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Stran 229 - The only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.
Stran 124 - It seems to us that this reasoning is clearly unsound. An alibi in its general features consists of proof that the defendant was not a,t the scene of the crime at the time of its commission.
Stran 455 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Stran 486 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Stran 15 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Stran 462 - ... any supposed successful operation the party might have made, if he had not been prevented from realizing the proceeds of the contract at the time stipulated, is a consideration not to be taken into the estimate. Besides the uncertain and contingent issue of such an operation in itself considered, it has no legal or necessary connection with the stipulations between the parties, and cannot, therefore, be presumed to have entered Into their consideration at the time of contracting.
Stran 853 - ... every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property, left by persons dying intestate...

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