Indictable - Law Dictionary Search Results
Home Dictionary Name: indictable Page: 5Embezzlement
Embezzlement, the appropriation to his own use by a clerk or servant of money, valuable securities or chattels received by him for and on account of his master or employer. Embezzlement differs from larceny in this, that in the former the property misappropriated is not at the time in the actual or legal possession of the owner, whilst in the latter it is. The distinctions between larceny and embezzle-ment are often extremely nice and subtle, and it is sometimes difficult to say under which head the offence ranges. Unless the offender is a clerk or servant whose business it is to receive money for his master, he is not guilty of embezzlement. But if he have been employed to receive it in a single instance, he need not be a general servant. Partners stealing or embezzling money, etc., belonging to the co-partnership may be convicted and punished as if they had not been such partners. [(English) Larceny Act, 1916, s. 40 (4)]The fraudulent taking of personal property with which one has be...
dismissal
dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Contra pacem
Contra pacem (against the peace). It was formerly necessary, in indictments to allege that the offence was committed against the peace of our Lord the King (or Lady the Queen).-(English) Criminal Procedure Act, 1851, s. 24. See (English) Indict-ments Act, 1915....
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...
Calling upon a prisoner
Calling upon a prisoner. When a prisoner has been found guilty on an indictment, the clerk of the court addresses him and calls upon him to say why judgment should not be passed upon him. To this, he is strictly only entitled to point out a defect of law in the indictment or otherwise. See ALLOCUTUS....
Bill in criminal cases
Bill in criminal cases. Grand Juries were abolished by the (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo. 5, c. 36), from 1st September, 1933, except in certain cases [s. 1 (9)]. S. 2 of the Act provides for the new procedure. Until this Act was passed the bill was an indictment of a crime or misdemeanour preferred to a grand jury; evidence in support of it was adduced; if the grand jury thought it a groundless accusation, they endorsed 'not a true bill,' or 'not found,' and then the party was discharged without further answer, but a fresh bill might afterwards be preferred to a subsequent grand jury. If they were satisfied of the truth of the accusation, they then endorsed upon it 'a true bill'; the indictment was then said to be found and the party stood his trial....
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
multiplicity
multiplicity pl: -ties 1 a : the quality or state of being multiple or various b : the charging of a single criminal act or offense as multiple separate charges or counts of an indictment or information [ does not require dismissal of the indictment "W. R. LaFave and J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences for a single offense. Multiplicity is a defect that can be corrected without dismissal of the case. 2 : a great number [joinder is allowed to avoid a of actions] ...
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