Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing in the Massachusetts Journal a Libel on the Honorable John Keyes: Before the Supreme Judicial Court, Holden at Cambridge, in the County of MiddlesexDutton and Wentworth, printers, 1829 - 119 Seiten |
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Seite 21
... believe guilty of a crime , or else to violate their own oaths by acquitting them against the plain rules of law . The Judges them- selves are so sensible of this absurdity , and have been so far swayed by the public voice in cases not ...
... believe guilty of a crime , or else to violate their own oaths by acquitting them against the plain rules of law . The Judges them- selves are so sensible of this absurdity , and have been so far swayed by the public voice in cases not ...
Seite 22
... believe , respecting the delinquency of those who either hold office , or are candidates for office at the hands of the people . For it is as necessary to the people that proper subjects of inquiry should be suggest- ed , agitated and ...
... believe , respecting the delinquency of those who either hold office , or are candidates for office at the hands of the people . For it is as necessary to the people that proper subjects of inquiry should be suggest- ed , agitated and ...
Seite 25
... believe ? This certainly would be inconsistent with the very end of our government . At common law , malice is the essence of the offence . To constitute crime there must be criminal intent . This is not the peculiar law of this country ...
... believe ? This certainly would be inconsistent with the very end of our government . At common law , malice is the essence of the offence . To constitute crime there must be criminal intent . This is not the peculiar law of this country ...
Seite 26
... believe , or has no reasonable ground to be- lieve , or which those to whom it is communicated have no substantial interest to know , then the publication is clear- ly a malicious libel . This principle is abundantly recog- nized even ...
... believe , or has no reasonable ground to be- lieve , or which those to whom it is communicated have no substantial interest to know , then the publication is clear- ly a malicious libel . This principle is abundantly recog- nized even ...
Seite 27
... believe it , and the author publishes from an honest motive and for a justifiable end . The principle contended for is , however , admitted to its full extent when it is judicially holden , that all matters of complaint or investigation ...
... believe it , and the author publishes from an honest motive and for a justifiable end . The principle contended for is , however , admitted to its full extent when it is judicially holden , that all matters of complaint or investigation ...
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Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing ... Keine Leseprobe verfügbar - 2020 |
Häufige Begriffe und Wortgruppen
accusation addressing the House alleged Answer appeared asked believe Boston Boston Patriot Boston Statesman called candidate Chair Chairman character charge Child Clerk Committee of Accounts common common law Commonwealth complaint conduct constitution contract Court criminal decision declared defendant Dutton and Wentworth duty editor election Elijah H Ellis English law evidence fact false favor Fletcher gentleman Government Greene's heard honorable Hoyt indictment inquire intent Judge Jury LEE CHILD Legislature libel malice Massachusetts Journal ment Messrs Middlesex mittee motion to adjourn motives never offence opinion Palfray Palfray's paper Plymouth political political libel preference of $500 present principle printers printing privilege proceedings proposals proposition propounding prosecution prosecutor published punish question of order recollect retract Robbins Senate session Solicitor speak Speaker Star Chamber statement Sturgis supposed testimony thought tion True & Greene True and Greene truth vote witness
Beliebte Passagen
Seite 59 - But if one branch may assume its own privileges without control, if it may do it on the spur of the occasion, conceal the law in its own breast, and, after the fact committed, make its sentence both the law and the judgment on that fact, if the...
Seite 55 - No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public...
Seite 23 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Seite 134 - He shall preserve decorum and order; may speak to points of order in preference to other members...
Seite 118 - Court from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof and of the subjects of the same...
Seite 4 - Chalk afterwards, to wit, on the day and year last aforesaid, with force and arms at the parish aforesaid, in the...
Seite 39 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Seite 59 - Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.
Seite 60 - In all crimes," says Lord Hale, in his Pleas of the Crown, " the intention is the principal consideration; it is the mind that makes the taking of another's goods to be felony, or a bare trespass only ; it is impossible to prescribe all the circumstances evidencing a felonious intent, or the contrary ; but the same must be left to the attentive consideration of judge and jury, wherein the best rule is, in dubiis, rather to incline to acquittal than conviction.
Seite 59 - Almon's shop ; there was proof of that sale at the trial. Mr Almon called no witnesses, and was found guilty. To found a motion for a new trial, an affidavit was offered from Mr Almon, that he was not privy to the sale, nor knew...