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Excerpt from A Treatise on Criminal Law, Vol. 1 of 2 The Editor, after a careful examination of the text, concluded that any alteration was unnecessary. He has carefully examined all the recent cases, and inserted in the notes every case which has applied the principles laid down in the text decided since the appearance of the last edition. In this way citations to upward of nine thousand new cases have been made. At the end of each chapter, under the head of Points requested for the defence improperly refused, and erroneous charges, a state ment of cases designed as, Suggestions for the Defence, has been made. All those cases relating to the subject of a chapter in which a conviction has been set aside on appeal, either because the trial Judge has refused to affirm a point submitted by the defendant's attorney which ought to have been affirmed, or because there has been error in his charge to the Jury, have been collected and arranged. In every case the words of the point improperly refused or the erroneous charge are given. It is believed that a lawyer having a client to defend will find practical assistance in the preparation of his points from these collections of cases. It is thought that the addition of the date of the decision to the citation will be of use both to the busy lawyer, who desires to look at only the latest authorities, and to the student, who wishes to follow the development of the law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Criminal Law as Now Administered in the United States, Vol. 1 of 2 In the development of our common law the functions of the text-writer necessarily change from time to time under chang ing circumstances. When authorities are few he may be to some extent a prophet and an originator; but as the ground is more fully covered in detail by judicial decisions, he necessarily limits himself more strictly to an orderly arrangement and con cise statement of that which has been determined; and finally when the number of adjudications on the subject which he is considering has become so great as to cover practically all the important questions which are likely to arise, his function is to put all in order and preserve a proper perspective which shall make general and well-established principles stand out boldly among the bewildering details of complicated cases, without obliterating distinctions which may be of the greatest im portance when they are pertinent, but would mislead if mag nified into prominent dividing lines. It is futile to speak of one of these functions as greater than another. The business of the text-writer is to make the law as available as possible to the lawyer, and he may well allow the direction and extent of the exercise of his individual talents to depend upon the nature and circumstances of the particular question under discussion. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Criminal Law of the United States, Vol. 1: Principles, Pleading, and Evidence Tee third volume of this edition is substantially new, and comprehends an independent treatise on Criminal Practice. The chapters on Crimes, which in prior editions were spread over the second and third volumes, are now consolidated in the second. Each topic has been rear ranged and in great measure rewritten. To allow room for six hundred pages of additional material, which I have incorporated in the text, as well as for the reason that the great increase of the penal statutes of our several states makes any attempt at their accurate codification incompatible with the limits of such a. Work as the pres ent, the statutes given in former editions have been dropped, except so far as is necessary for the elucida tion of the text. The treatise now covers the whole field of Criminal Jurisprudence. To enable this exten sion to be more readily mastered, I have rearranged the topics, devoting the first volume to Principles, Pleading, and Evidence the second to Crimes; and the third to Practice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A comprehensive guide to the criminal justice system and laws of the United States, written by a legal expert and scholar. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Excerpt from A Treatise on the Criminal Law of the United States, Vol. 1: Comprising a General View of the Criminal Jurisprudence of the Common and Civil Law, and a Digest of the Penal Statutes of the General Government, and of Massachusetts, New York, Pennsylvania, Virginia, and Ohio Davis, the only American works bearing on the subject I have been able to discover, are devoted to an examination'of the duties of Justices of the Peace; and valuable as they are in the practice of the States to which they are adapted, cannot be considered as going further in the elementary exposition of criminal law than is necessary to a proper con sideration of their particular topics. To supply this defi ciency is not within the province of an annotator, forced as he is, by the necessity of his cfiice, to the close pursuit of his text over chasm and through waste; and it is for this reason that the American notes to the English Criminal text books, numerous and important as they are, fail in placing within the reach of the profession, the construction given by the American courts to the peculiarities arising out of American doctrine and practice. Thus, for instance, the cases which have been decided on the statutory offence of murder in the second degree, important as they are to the determination of every trial of homicide in the States of Maine, New Hampshire, New Jersey, Pennsylvania, Virginia, Ohio, Tennessee, Alabama, and Michigan, and abounding as they do with the result of the labors of some of the most eminent judges of the country, are only to be reached in the Reports in which they are scattered, and are consequently, from the want of any general work in which they may be found, but rarely made use of, except in the particular States in which they have severally occurred. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.