Cincinnati Weekly Law Bulletin; Re-Print Volume 1-2

Cincinnati Weekly Law Bulletin; Re-Print Volume 1-2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...purpose. Such beitfg the case, all the general principles in regard to criminal pleading, laid down by the court, must be considered by us, as applied by it to the defects in the indictment for which the court held it had. I think it very clear, therefore, that this decision does not support the position of the defendant. The question is not new. The question has frequently been decided by the Supreme and Circuit Courts of the United States. Mr. Bishop, in his Criminal Procedure, 1 vol., Sec. 359--360, says: "AVhere the offense is merely statutory, having no relation to the common law--where, in other words, the statute specifically sets out what acts shall constitute the offense--it is, as a general rule, sufficient to charge in the indictment with acts coming fully within the statutory description, in the substantial words of the statute, without any further expansion of the matter." Mr. Wharton, in his American Criminal Law, vol. 1,364, says: "Itis a well settled general rule that in an indictment for an offense created by statute, it is sufficient to describe the offense in the words of the statute, and if, in any case, the defendant insists upon a greater particularity, it is for him to show that from the obvious intention of the legislature or the known principles of law, the case falls within same exception to the general rule. But few exceptions to this rule are recognized." 28 Mr. Archibold, in vol. 1 of his Criminal Practice, page 285, would seem to hold the same general doctrine. The question has been directly passed upon by the Supreme and Circuit Courts of the United States in the following cases: The first one before the Supreme Court of the United States is that of The United States v. Gooding, 12 Wheaton, 460....
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Product details

  • Paperback | 432 pages
  • 189 x 246 x 22mm | 767g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236606434
  • 9781236606433