American State Trials: A Collection of the Important and Interesting Criminal Trials which Have Taken Place in the United States, from the Beginning of Our Government to the Present Day : with Notes and Annotations, Volume 7

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John Davison Lawson
Thomas Law Book Company, 1917 - Crime

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Page 821 - Constitution is actually contained in an entirely separate document, the Constitution of the United States, which provides in Article VI, section 2, that "This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made. . . under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Page 386 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 949 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 857 - Birnam wood be come to Dunsinane, And thou oppos'd, being of no woman born, Yet I will try the last : — before my body I throw my warlike shield: lay on, Macduff; And damn'd be he that first cries, " Hold, enough !
Page 521 - ... would hereafter be committed ? because it punishes, not to satisfy any desire to inflict pain, but simply to prevent the repetition of crimes. When the guilty, therefore, are not punished, the law has so far failed of its purpose ; the safety of the innocent is so far endangered. Every unpunished murder takes away something from the security of every man's life.
Page 946 - The meaning of the section, then, seems to be that no member of the state shall be disfranchised, or deprived of any of his rights or privileges, unless the matter shall be adjudged against him upon trial had according to the course of the common law.
Page 515 - ... to the repose of death. It is the assassin's purpose to make sure work ; and he yet plies the dagger, though it was obvious that life had been destroyed by the blow of the bludgeon. He even raises the aged arm, that he may not fail in his aim at the heart, and replaces it again over the wounds of the poniard. To finish the picture, he explores the wrist for the pulse. He feels for it, and ascertains that it beats no longer.
Page 945 - At least no court of justice in this country would be warranted in assuming, that the power to violate and disregard them, a power so repugnant to the common principles of justice and civil liberty, lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not to be presumed to part with rights so vital to their security and well-being, without very strong and direct expressions of such an intention.
Page 545 - He was fond of exploits ; he was accustomed to the use of sword canes and dirks. If any aid was required, he was the man to give it. At least there is no evidence to the contrary of this. Aid could not have been received from Joseph Knapp or from George Crowninshield. Joseph Knapp was at Wenham, and took good care to prove that he was there. George Crowninshield has proved satisfactorily where he was, — that he was in other company, such as it was, until eleven o'clock. This narrows the inquiry.
Page 531 - Here is a vast amount in a few words. Had he wit enough to invent this? There is nothing so powerful as truth, and often nothing so strange. It is not even suggested that the story was made for him. There is nothing so extraordinary in the whole matter as it would have been for this ignorant country boy to invent this story.

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