A magistrate is an officer having
power to issue a warrant for the arrest of a person charged with a public offense. Pen. Code Cal. § 807.
Category: Criminal Law
Found 663 results · Showing 1–30
A MENSA ET THORO
From bed and board. Descriptive of a limited divorce or separation by judicial sentence.
A rector’s manse, or
parsonage house. Spelman.
A residence or dwelling-house for the
parish priest; a parsonage or vicarage house. Cowell. Still used in Scotch law in this sense.
A. 607; Com
v. Barlow, 4 Mass. 440. —Felonious assault. Such an assault upon the person as, if consummated, would subject the party making it, upon conviction, to the punishment of a felony, that is, to imprisonment in the penitentiary. Winkle v. State. 94
A> man:may do
an act willfully, and yet be free of malice. But he cannot do an.act maliciously without at the same time doing it willfully. The malicious doing of an act includes ‘thé willful doing of it. Malice. includes intent; vwili.. State v. Robbins, 66 Me...
ABEREMURDER
(From Sax. abvere, apparent, notorious; and mord, murder.) Plain or downright murder, as distinguished from the less heinous crime of manslaughter, or chance medley. It was declared a capital offense, without fine or commutation, by the laws of Canut...
ABETTATOR
knowled or .felonious intent, whereas the word “abet” includes knowledge of the wrone: ful purpose and counsel and encouragement the commission of the crime. People v. Dole, 122 Cal. 486, 55 Pac. 581, Lady St. Rep. 50; People v. Morine, 188 Cal. ...
ABIGEATUS
Lat. In the clvil law. The offense of stealing or driving away cattle. See ABIGEUS.
ABIGERE
Lat. In the civil flaw. To drive away. Applied to those who drove away animals with the intention of stealing them. Applied, also, to the similar offense of cattle stealing on the borders between England and Scotland. See ABIGEUS.
ABJURATION OF THE REALM. In
ancient English law. A renunciation of one’s country, a species of self-imposed banishment, under an oath never to return to the kingdom unless by permission. This was formerly allowed to criminals, as a means of saving their lives, when they had c...
Abolished by 3 & 4 Wm. IV
c. 27.—Dum recens fuit maleficium. While the offense was fresh. A term employed in the old law of appeal of rape. Bract. fol. 147—Dum sola. While sole, or single. Dum sola fuerit, while she shall remain sole. Dum sola et casta vizerit, while she ...
Abolished by 5 & 6 Vict
c. 22, § 12. c. 22.—Liberty to hold pleas. The liberty of having a court of one’s own. Thus certain lords had the privias of holding pleas within their own manors. —Natural liberty. The power of acting as one thinks fit, without any restraint...
ACCESSARY 14
from arrest, trial, conviction, or punishment,
ACKNOWLEDGMENT
268; People v. Braman, 80 Mich. 460. But in legal phraseology it is limited to such ac cusations as have taken shape in a prosecution, United States v. Patterson, 150 U. S. 65, 14
ACOESSARY TO ADULTERY. A
phrase used in the law of divorce, and derived from the criminal law. It implies more than connivance, which is merely knowledge with consent. A conniver abstains from interference; an accessary directly commands, advises, or procures the adultery. A...
ACQUITTAL
the debt has been satisfled. Reg. Writs, 158; Cowell; Blount. acquitted by the jury but by the judgment of the court. Burgess v. Boetefeur, 7 Man. & G. 481, 504: People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062. And he may be legally acquitted...
ACTIO
Lat. In the civil law. An action discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.—Aetio bonse fidei. A class of actions in...
ACTIO EX CONTRACTU 25
fnto criminalia et civtlia, according as they grow out of crimes or contracts. Bract. fol. 101b.
ACTIO NON ACCREVIT INFRA SEX
ANNOS. The name of the plea of the statute of limitations, when the defendant alleges that the plaintiff's action has not ac crued within six years.
ACTION
mance of the action, introduced in piace of the plea puis darrein continuance; the averment being that the plaintiff ought not further (ulterius) to have or maintain his action. ed to proceedings in a court of law, while “suit” is equally applie...
ACTOR
45 L. R. A. 591, 73 Am. St. Rep. 864.—Aec: tionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute mora] turpitude, or tend to injure a party in his trade or busines...
ACTQR
(causa publica) he was called “accusator.” The defendant was called “reus,” both in private and public causes; this term, however, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclade from the word i...
Actus Reus
AK-tus RAY-uh
The guilty act; the physical component of a crime. The external manifestation of the criminal intent, as distinguished from the mental element (mens rea).
ADVOOATI ECCLESIZ
as public prosecutor in any court in Scotland, where any person can be tried for an offense, or in any action where the crown is interested. Wharton.Advocate, Queen’s. A member of the College of Advocates, appointed by letters patent, whose office ...
AFFRAY
AFFRAY. In criminal law. The fighting of two or more persons in some public place to the terror of the people. Burton vy. Com., 60 S. W. 526, 22 Ky. Law Rep. 1315: Thompson v. State, 70 Ala. 26; State vy. Allen, 11 N. C. 356.
AGARDER. IL
Fr. To award, adjudge, or determine; to sentence, or condemn,
AGGRAVATED ASSAULT. An _ as
sault with circumstances of aggravation, or of a heinous character, or with intent to eommit another crime. In re Burns (C. C.) 113 Fed. 902; Norton v. State, 14 Tex. 393. See ASSAULT.
Ala
836. 198; Tucker v. Horner, 10 Phila. (Pa.) 122, 68, 32 South. 760, 92 Am. St. Rep. 17; 666, 17 Am. Rep. 36; Benson v. Mc- 644, 39 Am. Dec. 314; State v. Wilson, 1 N. J. Law, 439, 1 Am. Dec. 216; Com. v. 691, 5 South. 785, 7 South. 48, 4 L. R. A...
ALIBI
Lat. In criminal law. Elsewhere; in another place. A term used to express that made of defense to a criminal prosecution, where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence ...