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accused action admission affidavit affirmed alleged appear application arrest asked attempt authority called certificate character charged circumstances claimed commission committed complainant conclusion considered constitute conviction counsel court Crim crime criminal death deceased defendant defendant's denied determine direct district attorney duty effect entered error established evidence ex rel examination exception fact false felony follows given grand ground guilty held homicide indictment intent issue judge judgment jurisdiction jury justice justify killed knowledge magistrate matter ment motion murder necessary objection offense officer opinion party Penal Code person police possession present prisoner Procedure proceedings proof prosecution prove provisions question reasonable received record referred refused relator result reversed revolver rule statement statute stolen street sufficient taken tending term testified testimony tion trial unless verdict warrant wife witness writ York
Seite 207 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Seite 201 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Seite 464 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Seite 240 - ... officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; steals such property, and is guilty of larceny.
Seite 529 - When the judgment is of death the court of appeals may order a new trial, if it be satisfied that the verdict „ was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not, in the court below.
Seite 502 - When committed either by the party about to be injured or by another person in his aid or defense, in preventing or attempting to prevent an offense against his person, or a trespass or other unlawful interference with real or personal property in his lawful possession, if the force or violence used is not more than sufficient to prevent such offense; 4.
Seite 228 - The indictment must be set aside by the court in which the defendant is arraigned, and upon his motion, in either of the following cases, but in no other: 1.
Seite 67 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Seite 51 - If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled.