Procedure, Its Theory and Practice Volume 2

Procedure, Its Theory and Practice Volume 2

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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. 1905 edition. Excerpt: ...and cannot be supplied by implication. Everything i-ssoiitial must be c iarged positively, and not inferential. The defect here is not in form, but in anhstance. Tbe seventh and fifteenth counts are no better than the sixth and i'ourtei-iitli. The intent here charged is to put the parties named in great fear of bodily harm, and to injure and oppress them, because, being and having been in all things qualified, they had voted at an election before that time had and held accord-ing to law by the ieeopee of the said State of Louisiana, in said ta. to wit, on the fourth day of November, A. D. 1872, and at divers other elections by the peogle of the State, also before that time had an held according to law.' There isnotliing to show that the elec-H tions voted at were any other than state elec-tions, or that the conspiracy was formed on account of the race 0 the parties against whom the conspirators were to act. The charge as made is really of nothing more than ii conspiracy to commit a breach of the peace withina state. Certainly it will not be claimed that the United States have the rower or are l'E?llll'8(l to do mere police_ duty n the states. I a state cannot grotect itself against domestic violence, the nited States may, u n the call oi' the executive, when the leg-islfture cannot be convened, lend their assist-ance for that purpose. This is a guaranty _ot the constil iition (art. 4, sec. 4); but it applies to no case like this. " We are. therefore, of the opinion that the first, second, third, fourth, sixth, seventh, ninth, tenth, eleventh, twelth, fourteenth. (p. 557) and fifteenth counts do not contain charges of a criminal nature made indictable under the laws of the United States, and that...
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Product details

  • Paperback | 582 pages
  • 189 x 246 x 30mm | 1,025g
  • United States
  • English
  • black & white illustrations
  • 1236893204
  • 9781236893208