Reports of Cases Argued and Determined in the Court of Queen's Bench, and the Court of Exchequer Chamber on Appeal from the Court of Queen's Bench Volume 1

Reports of Cases Argued and Determined in the Court of Queen's Bench, and the Court of Exchequer Chamber on Appeal from the Court of Queen's Bench Volume 1

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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. 1862 edition. Excerpt: ...his discretion, that discretion is not to be made the subject of question. It cannot be ((1) 7 Irish Law Rep. 149. ground of error, nor can it be traversed before a jury. 1861. It seems to me, therefore, that the plea the prisoner has The QUE" placed upon the record is bad, and that he must yet answer the charge against him." Then my brother Marlin places his decision chiefly on the ground that the case was one of misdemeanor; and my brother Hill says (p. 255) that he adopts the position laid down by Mr. Justice Crampton in Conway and Lynch v. The Queen (a), where he says that though, as to what is a case of necessity, one Judge might differ from another, still, "it is clear that the Judge has a discretion to exercise; where is the legal limit to his power to be fixed? the prisoner's counsel could not fix it 3 the Judges in Kinloclfs Case and Sir M. Foster say it cannot be fixed. I need scarcely add that I cannot fix it." I think these authorities are stronger in favour of its not being matter of plca than any which went before, and it is not made out to my satisfaction, indeed I think it is not true, that such matter operates as a bar if pleaded to a new indictment, and that, if it appears on the record, it does not operate as a termination of the proceedings, and prevent fresh process being awarded. Therefore, I think that we cannot in law refuse to award jury process, but are bound to do so. On the other part of the case, I think one ought to give one's opinion. I think this is a rule of great importanceto guide Judges which has been acted upon since the Revolution, and I think it ought to apply both to misdemeanors and felonies. It is a rule of practice or of law; and I think the Judge ought not to...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236970934
  • 9781236970930