A Selection of Leading Cases in Criminal Law; With Notes Volume 1

A Selection of Leading Cases in Criminal Law; With Notes 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. 1856 edition. Excerpt: ...to effect the cheat. It sets forth, "that the defendants, devising and intending one Philo S. Shelton to injure and defraud, on the twenty-sixth day of March, A. D. 1844, at Boston aforesaid, in the county aforesaid, did unlawfully conspire, combine, confederate, and agree together, the said Shelton to injure, cheat, and defraud, of his property, goods, and chattels." Is this count, which sets forth no criminal object beyond what is imported by the words "cheat and defraud," and which omits to set forth any unlawful means, sufficient? This presents a question, which, so far as we are aware, has not been directly settled by any adjudication of this court. The general principle applicable to criminal pleading requires that an indictment shall set forth, with technical particularity, every allegation necessary to constitute the offence charged; and the constitution, adopting and sanctioning this principle, provides, "that no subject shall be held to answer for any crime or offence, until the same is fully, substantially, and formally described to him." Looking at the indictment, in the present case, by the light of these familiar principles, we should naturally expect to find more of detail in the allegations which it contains. If an indictment for murder should allege merely that the accused had committed the crime of murder upon the person of one A. B., or, if an indictment for larceny should simply set forth, that the defendant had stolen from C. D., in neither case would the offence be set forth with the particularity and precision required by lav. It must be conceded, however, that in indictments for conspiracy a different rule prevails, to some extent; and the precise inquiry which we have now to...
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Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • English
  • Illustrations, black and white
  • 1236983416
  • 9781236983411