Reports of Cases, Civil and Criminal; Argued and Determined at Nisi Prius and the Commission, in Dublin, Respectively 1840-1842

Reports of Cases, Civil and Criminal; Argued and Determined at Nisi Prius and the Commission, in Dublin, Respectively 1840-1842

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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. 1843 edition. Excerpt: ...&c. notwithstanding the rule, that what might have amounted to a justification if pleaded, cannot, if not pleaded, be relied on in mitigation of damages, the Judge may tell the jury that the defendant might have justified by another plea, if he thinks the cause of public morals requires such a declaration. But semblc, such declaration, if made at all, should be after verdict. (u) Which enacts, "that if any person shall unlawfully and maliciously "destroy or damage, with intent to destroy any plant, fruit, or vegetable pro It appeared in evidence that the plaintiff, Maria Shields, who was about ten years of age, went out with some other children to take a walk on the morning of the 6th of May, 1840, under the care of a servant maid, and that the plaintiff and a little boy seven years of age, ran before the rest, out of the maid's sight, and went through a wicket-gate into a garden fronting a house in Rathmines, where the plaintiff pulled three small slips of wallflower and a bit of lilac off the parent plants respectively, being the offence for which she was given in charge to a policeman, and by him taken to a police office. Brady, C. B., said that the proof did not sustain the plea of justification. To sustain the plea, the child should have pulled the flowers with intent to destroy the plant; there is no evidence of any such intent, and it is impossible to conceive that there was any such intention. The plea must therefore be put out of the case. The defendant called no witnesses. Brady, C. B., charging the jury remarked, that although he considered the evidence did not sustain the plea of justification as framed, and they were bound to find for the plaintiff, yet he thought the offence might be a stealing "duction growing in...show more

Product details

  • Paperback | 126 pages
  • 189 x 246 x 7mm | 240g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236564685
  • 9781236564689