New Criminal Procedure: Or, New Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases, Volum 1

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T. H. Flood, 1913 - 2065 pàgines
 

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Pàgina 77 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Pàgina 192 - Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Pàgina 98 - George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland king, defender of the faith, with force and arms, at the parish of West Ham aforesaid, In the county of Essex aforesaid, did? &c. [setting forth the particular offence; and, at the commencement of every fresh sentence, stating, 'and the Jurors aforesaid, on their oath aforesaid, do further present, that...
Pàgina 161 - ... a copy of an indictment found or an affidavit made before a magistrate of any state or territory charging the person demanded with having committed treason, felony, or other crime...
Pàgina 42 - When any offense against the United States is begun in one Judicial District and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
Pàgina 302 - It shall not be necessary to state any Venue in the Body of any Indictment, but the County, City, or other Jurisdiction named in the Margin thereof shall be taken to be the Venue for all the Facts stated in the Body of such Indictment ; provided that in Cases where local Description is or hereafter shall be required, such local Description shall be given in the Body of the Indictment...
Pàgina 149 - That no person or persons upon the Lord's day shall serve or execute, or cause to be served or executed, any writ, process, warrant, order, judgment, or decree (except in cases of treason, felony, or breach of the peace) ; but that the service of every such writ, process, warrant, order, judgment, or decree shall be void to all intents and purposes whatsoever.
Pàgina 41 - That in cases punishable with death, the trial shall be had in the county where the offence was committed, or where that cannot be done without great inconvenience, twelve petit jurors at least shall be summoned from thence.
Pàgina 77 - ... A final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had...
Pàgina 188 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.

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