The Law Relating to Actions for Malicious Prosecution

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Blackstone Publishing Company, 1889 - 98 páginas
 

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Página 56 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Página 147 - whosoever shall unlawfully take any unmarried girl under the age of sixteen out of the possession, and against the will of her father, or mother, or any other person having the lawful care or charge of her, shall be guilty of a misdemeanor." Now the word "unlawfully
Página 157 - And should I at your harmless innocence Melt as I do, yet public reason just, Honour and empire with revenge enlarged, By conquering this new world, compels me now To do what else, though damned, I should abhor." So spake the fiend, and with necessity, The tyrant's plea, excused his devilish deeds.
Página 218 - ... he was committing ; or, in other words, whether he was under the influence of a diseased mind, and was really unconscious at the time he was committing the act that it was a crime.
Página 234 - An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open sea within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may be arrested, tried, and punished accordingly.
Página 161 - I think that, instead of saying that any act done with intent to commit a felony and which causes death amounts to murder, it would be reasonable to say that any act known to be dangerous to life, and likely in itself to cause death, done for the purpose of committing a felony, which caused death, should be murder.
Página 131 - That if any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or enclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, crossbow, firearms, bludgeon, or any other offensive weapon...
Página 220 - In this case there are two questions : first, did the prisoner take these coals? and, secondly, if she did, had she at the time a guilty knowledge that she was doing wrong? The prisoner, as we have heard, is only ten years of age; and, unless you are satisfied by the evidence that, in committing this offence, she knew that she was doing wrong, you ought to acquit her.
Página 63 - It is a matter of judicial discretion such as is familiar enough in the classes of cases which are disposed of by a judge sitting alone...
Página 158 - It is not suggested that in this particular case the deeds were 'devilish,' but it is quite plain that such a principle once admitted might be made the legal cloak for unbridled passion and atrocious crime.

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