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Fed. .Cas

Categories: Criminal Law

Definition (1910 Edition)

196; Griffith v. State, 90 Ala. 583, 8 South. 812; Spear v. Hiles, 67 Wis. 861, 30

1,007. See also PERILS OF THE SEa.

15; In re Scott, 21 Fed. Cas. 808;

1,310.

321; Goldenberg v. Murphy, 108

424—Domestic commerce. Commerce carried on wholly within the limits of the United States, as distinguished from _foreign commerce. Also, commerce carried on within the limits of a single state, as distinshed from interstate commerce. Louisville

544; Dew v. Judges, 8 Hen. & M. (Va.) 1, 8 Am. Dec. 689; Scofield v. Lounsbury, 8 Conn. 109.

890; Watson v. Coast, 35 W. Va. 463, 14 S. EB. 249; Keokuk v. Electric Co., 90 Towa, 67, 57 N. W. 689; Hatch v. Standard Oil

149; People v. [ron Co. 201 I)1. 236, 66 N. I. 349.—Criminal charge. An accusation of crime. formulated in a written complaint, information, or indictment, and taking shape in a prosecution. U. S. v. Patterson, 150 U. S. 65, 14 Sup. Ct. 20, 37 L. Ed. 999;

187.—Due notice. No fixed rule can be established as to what shall constitute “due notice.” “Due” is a relative term, and must be applied to each case in the exercise of the discretion of the court in view of the

1,154; Ex parte Blumer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 502; Ea-

516.

1,242.

445; Johnson vy. State, 9 Tex. App. 251; Longwell v. Day, 1 Mich. N. P. 290;

921.—Good consideration. As distinguished from valuable consideration, a consideration founded on motives of generosity, rudence, and natural duty: such as natural ove and affection. Potter v. Gracie. 58 Ala. 307, 29 Am. Rep. 748; Groves v. Groves, 65

1188. ‘Identity of design” means sameness of appearance, or, in other words sameness of effect upon the eye,—not the eye of an expert, but of an ordinary intelligent observer. Smith v. Whitman Saddle Co., 148 U.

643; State v. Lamb, 28 Mo. 218;

370. —Perfect machine. In patent law. A per fected invention; not a perfectly constructed machine, but a machine so constructed as to embody all the essential elements of the invention, in a form that would make them practical and operative so as to accomplish the result. But it is not necessary that ‘it should accomplish that result in the most perfect manner, and be in a condition where it was not susceptible ofa higher degree of perfection in its mere mechan; ical construction. American Hide, etc., Co. v.

184.—Merchant shipping acts. Certain English statutes, beginning with the

287. But motive is often an important subject of inquiry in criminal prosecutions, particularly where the case depends mainly or entirely on circumstantial evidence, the combination of motive and upperean ty (for the commission of the particular crime by the person accused) being generally considered essential links in a chain of such evidence, while the absence of all motive on the part of the prisoner is an admissible and important item of evidence in his favor.

126.

633; Chase v. Oshkosh, 81 Wis. 813, 51 N. W. 560, 15 L. R. A. 553, 29 Am.

192.

626; Read v. Patterson, 44 N. J.

907; Com. v. Mohn 52 "Pa, 243, 91

596; In re Headen’s Estate, 52 Cal. 298.

1,162.—Voyage in In insurance law. A transit at sea from the terminus 6 quo to the terminus ad quem, in a prescribed course of navigation, which is never set out in any policy, but virtually forms parts of all policies, and is as binding on the parties thereto as though it were minutely detailed. 1 Arn.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.