Illustrative Cases on Criminal Law

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West Publishing Company, 1915 - 268 lappuses

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17. lappuse - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
256. lappuse - No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land.
28. lappuse - Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
10. lappuse - The judgment of the lower court must be reversed, and the cause remanded. Reversed and remanded.* STATE v.
52. lappuse - Columbia, is hereby limited and restricted to eight hours in any one calendar day. and it shall be unlawful for any officer of the United States...
15. lappuse - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
255. lappuse - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...
256. lappuse - For protecting them by a mock trial, from punishment, for any murders which they should commit on the inhabitants of these States. For cutting off our trade with all parts of the world. For imposing taxes on us without our consent.
16. lappuse - ... as changes in the manner or kind of employment of convicts sentenced to hard labor, the system of supervision, the means of restraint, or the like. Changes of this sort might operate to increase or mitigate the severity of the punishment of the convict, but would not raise any question under the constitutional provision we are considering. . The change wrought by the Act of 1860, in the punishment of existing offences of murder, does not fall within either of these exceptions. If it is to be...
127. lappuse - It is, however, the lowest degree of it ; and therefore in such a case the court directed the burning in the hand to be gently inflicted, be'cause there could not be a greater provocation.

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