A Treatise on the Law of Self Defense, Trial by Jury in Criminal Cases, and New Trials in Criminal Cases

A Treatise on the Law of Self Defense, Trial by Jury in Criminal Cases, and New Trials in Criminal Cases

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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. 1887 edition. Excerpt: ...occasioned at common law the forfeiture of lands or goods. This most frequently happened in those crimes for which a capital punishment either is or was liable to be inflicted. " All offenses now capital are, in some degree or other, felony; and this is likewise the case with some other offenses which are not punished with death, as suicide, homicide by chance-medley or in self defense, petit larceny or pilfering, all which are strictly speaking felonies, as they subject the committers of them to forfeiture. Hence it follows that capital punishment does by no means enter into the true idea and definition of felony; and it is possible that capital punishment may be inflicted, and yet the offense be no felony, as heresy by the common law, or standing mute without pleading to an indictment. In short, the true criterion of felony is for forfeiture." ', Sir Edward Coke also says, " for such of these crimes, for which any shall have this judgment, to be hanged by the neck until he be dead, he shall forfeit all his lands in fee-simple and his goods and chattels; for felony by chance-medley or se dqfendendo, or petit larceny, he shall forfeit his goods and chattels, and no lands of freehold or inheritance. "The idea of felony is indeed so generally connected with that of capital punishment, that we find it hard to separate them; and to this usage the interpretations of the law do now conform; therefore, if a statute makes any new offense felony, the law implies that it shall be punished with death, as well as with forfeiture, unless the offender prays the benefit of clergy, which all felons are entitled once to have, unless the same is expressly taken away by statute. Felony, properly, is a crime to be punished by...show more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236890817
  • 9781236890818