Category: Criminal Law

Found 663 results · Showing 61–90

BAIL

use, but for other purposes, such as a sale and the like. The term includes whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, elther with reference ...

Baker v. Shy, 9 Heisk

(Tenn.) 89 (Tenn.) 89.—Office ant. <A designation of a conveyance made y some officer of the law to effect certain purposes, where the owner is either unwilling or unable to execute the requisite deeds to pass the title; such, for example, as a ta...

Baldwin v. Elizabeth, 42 N. J. Ea

11, 6 Atl. 275: Potts vy. Potts (N. J. Ch.) 42 Atl. 1055.—Bad plea. One which is unsound or insufficient in form or substance, or which does not technically answer or correspond with the pleading which preceded it in the action.—Common pleas. Com...

Bank, 9 Wheat

581, 6 L. Ed. 166.—Day-time. The time during which there is the light of day, as distinguished from night or night-time. That portion of the twenty-four hours during which & man’s person and countenance are distinguishable. Trull v. Wilson, 9 Mas...

Barker, 56 Vt

20,) or (2) an action in which the judgment against the defendant is in the nature of a fine or is intended as a punishment, actions in which the recovery is to be ecompensatory in its purpose and effect not being penal actions but civil suits, thoug...

BHERIFF

His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales, and the like. He is also the chief conservator of the peace within his territor...

BIDAL

BIAS. Inclination; bent; prepossession; & preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587, 79 Am. Dec. 307; Pierson v. Stat...

BILL

ment of the plaintiff's cause of action, like a declaration or complaint, and always alleged a trespass as the ground of it, in order to give the court jurisdiction. 3 Bl. Comm. 43. In Scotch law, every summary application in writing, by way of petit...

BISCITE

REFINEMENT. A term sometimes employed to describe verbiage inserted in a pleading or indictment, over and above what is necessary to be set forth; or an objection to a plea or indictment on the ground of its failing to include such superfluous matter...

Bract

1120; 3 Bl. Comm. 193, 194. fol. 680; Fileta, lib. 6, c 2, § 19. fol. 680; Fieta, lib. 6, c. 2; § 17. fol. “This could only be brought for the penalty attached to the offense, and not to recover the thing stolen itself, for which other actions...

BREACH

yhead and a sharp piece of iron entered the mouth and restrained the tongue. constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable an...

BREAKING

fForcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings intended to secure ...

BRETTWALDA

offense committed by a bailee (particularly a carrier) in opening or unpacking the chest, parcel, or case containi goods intrusted to his care, and removing the goods and converting them to his own use—Breaking doors. Forcibly removing the fastenin...

Burrill, Pr

202. So, on conviction of a felon, immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. 4. Steph. Comm: 434...

But a law may be ew post facto

and still not amenable to this constitutional inhibition; that is, provided it mollifies, instead of aggravating, the rigor of the criminal law. Boston v. Cummins, 16 Ga. 102, 60 Am. Dec. 717; Cummin v. Missouri, 4 Wall. 277, 18 L. Ed. 856; U.S. v. H...

C.) 46 Fed

753. —Lascivious carriage. In Connecticut. A term including those wanton acts between yer sons of different sexes that flow from the exercise of lustful passions, and which are not otherwise punished as crimes against chastity and public decency. 2...

C.) 5 Fed

11. When, by statute, certain acts are “deemed” to be a crime of a particular nature, they are such crime, and not a semblance of it, nor a mere fanciful approximation to or designation of the offense. Com. v. Pratt, 132 Mass. 247.

C.) 77 Fed

563.—Lexz loci delictus. The law of the place where the crime took place.—Lex lood rei sitse. The law of the place where a thing is situated. ‘It is equally settled in the law of all civilized countries that real property, as to its tenure, mod...

Cal

475. But compare State v. Witham, 70 374, 26 Pac. 207; Losey v. Stanley, 83 17, 11 Pac. 470. 380, 7 Pac. 7638. 220. 78, 5 Pac. 623, 8 Pac. 599. 113, 388 Pac. 315, 28 L. R. A. 187, 46 Am. 96, 63 Pac. 143. 395.—Clear title. One which is not s...

CALL

law, hence the ceremony or epoch of election, and the number of persons elected. for him appear, he is nonsuited, the jurors are discharged withoat giving a verdict, the ‘action 1s at an end, and the defendant recovers his costs. —Calling to the...

CAMPBELL’S (LORD) ACTS. Eng

lish statutes, for amending the practice in prosecutions for libel, 9 & 10 Vict. c. 93; also 6 & 7 Vict. c. 96, providing for compensation to relatives in the case of a person having been killed through negligence; also 20 & 21 Vict. c. 83, in regard...

CAPIAS

lat. “That you take.” The general name for several species of writs, the common characteristic of which is that they require the officer to take the body of the defendant into custody; they are writs of attachment or arrest. :

CAPIATUR PRO FINE

(Let him be taken for the fine) In English practice. A clause inserted at the end of old judgment records in actions of debt, where the defendant denied his deed, and it was found against