The Law Magazine and Review: For Both Branches of the Legal Profession at Home and AbroadButterworths, 1881 - Law |
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Page 239
... granting a new trial . The indictment had been removed by certiorari from sessions into the Queen's Bench , and sent down to be tried at the York Assizes before Mr. Justice Cresswell , and a rule nisi for a new trial was granted on the ...
... granting a new trial . The indictment had been removed by certiorari from sessions into the Queen's Bench , and sent down to be tried at the York Assizes before Mr. Justice Cresswell , and a rule nisi for a new trial was granted on the ...
Page 240
... granted in case of felony , and in R. v . Bertrand Sir J. Coleridge observed there was but a single case reported ... granting a new trial after acquittal for felony and murder . If there be an improper conviction it ought to be set ...
... granted in case of felony , and in R. v . Bertrand Sir J. Coleridge observed there was but a single case reported ... granting a new trial after acquittal for felony and murder . If there be an improper conviction it ought to be set ...
Page 242
... deciding on those points they would be assuming the province of the Jury , and if the new trial were granted , it would be but prejudicing the second trial . But observations of this kind only lead to 242 NEW TRIALS IN FELONIES .
... deciding on those points they would be assuming the province of the Jury , and if the new trial were granted , it would be but prejudicing the second trial . But observations of this kind only lead to 242 NEW TRIALS IN FELONIES .
Page 243
... granted at the instance of the prosecutor , unless the verdict has been obtained by some fraudulent or irregular proceeding on the part of the defendants . Now let us see if the Criminal Appeal Act changes matters . That Act is confined ...
... granted at the instance of the prosecutor , unless the verdict has been obtained by some fraudulent or irregular proceeding on the part of the defendants . Now let us see if the Criminal Appeal Act changes matters . That Act is confined ...
Page 244
... granted and the trial had thereon , the record is as if no trial but the one had taken place , whereas , on the award of the venire de novo , the first trial and the circumstances which rendered that trial nugatory necessarily appear on ...
... granted and the trial had thereon , the record is as if no trial but the one had taken place , whereas , on the award of the venire de novo , the first trial and the circumstances which rendered that trial nugatory necessarily appear on ...
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