Felony Murder - Law Dictionary Search Results
Home Dictionary Name: felony murder Page: 2Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Homicide
Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...
Capital offences
Capital offences, those crimes upon conviction of which the offender is condemned to be hanged. The only crimes now punishable with death are high treason; murder; destruction of H. M. Ships, arsenals, etc. (12 Geo. 3, c. 24); piracy when accompanied by attempted murder [(English) Piracy Act, 1837 (7 Wm. 4 & 1 Vict. c. 88) s. 2]. See PIRACY.Originally all felonies were capital, but early in the 19th century, mainly through the exertions of Sir Samuel Romilly, the severity of the law was mitigated by rapid steps in this respect. Larceny in a dwelling-house up to the value of 40s. was long a capital offence, with the result that juries, to save a prisoner's life, would often falsely find that valuable goods stolen were of the value of 39s.Sentence of death cannot be pronounced on or recorded against a young person under 18. [Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 53]...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
Forethought felony
Forethought felony. See MURDER....
burglary
burglary pl: -glar·ies [Anglo-French burglarie, modification of Medieval Latin burgaria, from burgare to break into (a house)] : the act of breaking and entering an inhabited structure (as a house) esp. at night with intent to commit a felony (as murder or larceny) ;also : the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony) NOTE: The crime of burglary was originally defined under the common law to protect people, since there were other laws (as those defining larceny and trespass) that protected property. State laws have broadened the common-law crime. Entering at night is often no longer required and may be considered an aggravating factor. The building may be something other than a dwelling, such as a store or pharmacy. Some states (as Louisiana) have included vehicles under their burglary statute. There are degrees of burglary, and some of the usual aggravating factors are the presence of pe...
Amnesty
Amnesty [fr. auvnorla, Gk., non-remembrance], an act of pardon or 'oblivion' (see, e.g., the Act of Oblivion, 12 Car. 2, c. 11, and 20 Geo. 2, c. 52), by which crimes against the Government up to a certain date are so obliterated that they can never be brought into charge. All acts of amnesty originate with the Crown.As understood in common parlance, the word 'amnesty' is appropriate only where political prisoners are released and not in cases where those who have committed felonies and murders are pardoned, State (Govt of NCT of Delhi) v. Prem Raj, (2003) 7 SCC 121 (126): 2003 SCC (Cri) 1586. (Constitution of India, Arts. 72, 161)Means a pardon extended by the government to a group or class of persons, usually for a political offence; act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted, e.g. the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already present in the country, B...
County palatine
County palatine [fr. Palatium, Lat., a court]. There were three of these counties--Chester, Durham, and Lancaster. The two former were such by immemorial custom; the last was created by Edward III. The Bishop of Durham and the Duke of Lancaster had royal power within their respective counties. They could pardon treasons, murders, and felonies; they appointed judges and magistrates; all writs and indictments ran in their names,and offences were said to be done against their peace and not contra pacem domini regis. The (English) Act (11 Geo. 4 & 1 Wm. 4, c. 70), abolished the Court Session of the County Palatine of Chester, and subjected the county in all things to the jurisdiction of the superior Courts at West-minster. By the (English) Judicature Act, 1925, s. 18, replacing (English) Judicature Act, 1873, s. 16, the jurisdiction of the Court of Common Pleas at Lancaster and of the Court of Pleas at Durham is transferred to the High Courtof Justice. But the jurisdiction of the Chancery ...
Servitium regale
Servitium regale, royal service, or the prerogatives that, within a royal manor, belonged to the lord of it; which were generally reckoned to be the following-viz., power of judicature in matters of property, and of life and death in felonies and murders; right to waifs and estrays; minting of money; assize of bread and beer, and weights and measures, Paroch. Antiq. 60...
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