law. Ap offense which consists in the abandonment of his post and duties by a person commissioned or enlisted in the army or nayy,, without leave and with the, intention. not to return Hollingsworth v. Shaw, 19 Ohio St. 432, 2 Am. Rep. 411;
801; Neall v. U. 8, 118 Fed. 704, 56 C. OC. A. 31.—Mili offenses. Those offenses which are cognizable by the courts military, as insubordination, sleeping on guard, desertion, etc.—Military state. The soldiery of the kingdom of Great Britain. —...
the terror of the people. A technical phrase neceasury in indictments for riots. 4 Car. & P. 373.
e release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors..
and jury. jury of-inquiry who are summoned and returnby the sheriff to each session of the criminal courts. and whose duty is to receive complaints and accusations in criminal cases, hear the evidence adduced on the part of the state, and find bills ...
ligation to be due from the defendant, and then ‘avers that, in consideration thereof, he promised to pay or discharge the same.
Lat. In the civil and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount ...
Lat. In old English practice. Undefended; undenied by: pleading. A defendant who makes no defense or -Dlea. Blount. ; = . INDEFINITE FAILURE OF ISSUE. A failure of issue not merely at the death of the party whose issue are referred. to, but at any su...
by which a prosecution was in some cases re- - moved from a court-christlan to the queen’s bench. Enc. Lond.
INDICTABLE. Proper or necessary to be prosecuted by process of indictment.
given fact as probable, but not certain. For example, “indicia of partnership” are any circumstances which would induce the belief that a given person was in reality, though not ostensibly, a member of a given firm.
ter;;he brings bis charge in ...
thing; . (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or (8) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually co...
matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king’s tenant for life died seised, whereby the reversion accrues to the king; whether A., who held immediately of the crown, died w...
_IYNROLL. A form of “enroll,” used in the old books. 3 Rep. Ch. 63,73; 8 Hast, 410.
classed uncer the general designation of “insanity,” it is rather to be-regarded as a nat: ural defect than as a disease or as the re sult of a disease. It d...
Lat. In the civillaw. A written accusation in which the accuser undertakes to suffer the punishment appropriate to the offense charged, if the accused is able to clear himself of the accusation. Calvin; Cod. 9,1,10; Id. 9, 2, 16, 17.
Lat. Highwaymen; persons who lie in wait in order to commit some felony or other misdemeanor.
8, 6 6; Dig. 38, 10, 3. Called amita mazima. Id. 38, 10, 10, 17. Called, in Bracton, abamita magna. Bract. fol. 68d.
4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8, So called from noze, the offense or injury com mitted. Inst. 4, 8, 1—Actio pignoratitia....
INSTIGATION. Incitation; urging; 80 licitation. The act by which one incites another to do something, as to commit some crime or to commence a suit. State v. Fraker, 148 Mo. 143, 49 S. W. 1017.
i. In criminal law and the law of evidence. Purpose; formulated design; a resolve to do or forbear a particular act; aim; determination. In its literal sense, the stretching of the mind or will towards a particular object.
pooling of freights, etc., requiring schedules of rates to be published, establishing a commission to carry out the measures enacted, and preacribing the powers and duties of such commission and the procedure before it—Interstate commerce co sion. ...
4 Steph. Comm. 297. These important statutes amount to a codification of the modern criminal law of England.—Criminal letters. In Scotch Jaw. A process used as the commencement of a criminal proceeding, in the nature of a summons issued by the lord...
Lat. In the civil law. To impose or set upon, as a fine. Calvin. To inflict, as a punishment. To make or ordain, as a law.
generally consists in obliging those persons whom there is probable ground to suspect of.future misbehavior..to give full assurance to the public that .guch offense as ia apprehended shall not happen, by finding pledges or securities to keep the peac...
59 Geo. III. c. 46.— Wager of law. In old practice. The giving of gage or sureties by a defendant in an action of debt that af a certain day assigned he would make his law; that is, would take an oath in open court that he did not owe the debt, and...
143, 12 S. W. 1388.—Cofporal punishment. Physical punishment as distinguished from pecuniary punishment or a fine; any kind of punishment of or inflicted on the
made out by construction from the ‘defendant's
188, 80 N. Y. Supp. 1002.—Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding. —Malicious fimjury. An injury committed against a per son at the prompting of malice or hatred towards him...
14; Best, Pres. § 217, ec seg. -Infirmative hypothesis. A term sometimes used in criminal evidence to denote an hypothesis or theory of the case which assumes the defendant's innocence, and explains the criminative evidence in a manner consistent wi...
the laws, not according to examples or precedents. 4 Coke, 330); 4 Bl. Comm. 405.
Lat. In the civil and old English law. To judge; to decide or determine judicially; to give judgment or sentence.
Lat. In the civil law. judging; the pronouncing of sentence, after hearing a cause. Hallifax, Civil Law, b. 3, ce. 8, no. 7.
Lat. In the civil law. Select or selected judices or judges; those who were used in criminal causes, and between whom and modern jurors many points of resemblance have been noticed. 3