Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 6

Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1844 edition. Excerpt: ...Judge) Coleridge upon the passage in 4 Blackstone, 353, does undoubtedly seem to intimate that such was the opinion of that learned person at the time he published his edition of Blackstone; but after all it is but the opinion of a private individual, hiowever respectable, and by no means clothed with the authenticity which a. dictum from that eminent Judge would carr_v with it, if delivered authoritatively frotn the Bench; and with all due deference to the opinion of the learned Commentator, I take the liberty of saying that the dictum contained in that note--that is, "that in all felonies, which in legal theory are all capital, but the rule does not apply to misdemeanours," is legally inaccurate in both its branches; for the true legal theory seems to be, that although generally, and in popular language, all felonies are capital, yet that in legal theory, and in strict construction of law, all felonies are not capital. Homicide in self-defence and petty larceny are admitted exceptions to the rule (a); but the dictum of the learned Commentator, converting a general into a universal proposition, both as to felonies and misdemeanours, would naturally lead to the conclusion at which his mind seems to have arrived. Then, as_to the argument drawn by the prisoner's Counsel from the case of misprision of treason, it may be replied, true it is, that misprision of treason was not, by the common law, a capital offence, and yet the prisoner upon trial for misprision of treason was allowed his peremptory challenge: but when we consider the character of this crime, and the severity of the punishment annexed to its commission by the common law, we need not wonder if this crime of misprision of treason should form a single exception to the...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236887549
  • 9781236887542