Indicted - Law Dictionary Search Results
Home Dictionary Name: indicted Page: 7Accessary, or Accessory
Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In mansla...
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
Allegiance
Allegiance [fr. ligo, Lat.], the natural, lawful, and faithful obedience which every subject owes to the supreme magistrate who oversteps not his prerogatives. It is either natural or perpetual, where one is a subject born, or has been naturalized; or local and temporary, where one is merely a resident in the British dominions, Co. Litt. 129 a. it is also either implied, so soon as the relationship of sovereign and subject is created; or express, which is the formal declaration of it. An alien resident within British territory owes allegiance to the Crown and maybe indicted for high treason, though not a subject, De Jager v. A. G. of natal, 1907 AC 326. It seems that the subject of a friendly state residing within the realm who violates the local allegiance which he owes to the Crown does not lose the rights of an alien amy until the Crown withdraws its protection, Johnstone v. Pedlar, 1921 AC 262. See Broom's Const. Law, Calvin's Case....
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Bench warrant
Bench warrant. A warrant for the apprehension of a person, issued by a judge of a Court of Record on the Bench, such as to commit a witness for trial for perjury under s. 19 of the Criminal Procedure Act, 1851 (14 & 15 Vict. c. 100). The practice of issuing a warrant by a Court of Record for the immediate arrest and production before the Court of any indicted person is old established. See Archbold's Crim. Pract., Chitty's Statutes, tit. 'Criminal Law.'...
Criminal
Criminal, a person indicted for a public offence and found guilty....
substantive crime
substantive crime : a crime that does not have as an element the performance of some other crime : a crime that is not dependent on another [indicted and convicted of conspiracy to attempt to enter the bank and the substantive crime of attempting to enter the bank "United States v. Clay, 495 F.2d 700 (1974)"] called also substantive offense compare accessory, conspiracy ...
Defendant
Defendant [Deft. Abbrev.], the person sued in an action, or indicted for a misdemeanour.It includes--(i) any person from or through whom a defendant derives his liability to be sued.(ii)any person whose estate is represented by the defendant as executor, administrator or other representative. [Limitation Act, 1963 (36 of 1963), s. 2 (e)]...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
Traversing Indictment
Traversing Indictment, postponing the trial of it.The (English) Criminal Procedure Act, 1851, s. 16, repeals 60 Geo. 3 & 1 Geo. 4, c. 4, as to the traverse of indictments in cases of misdemeanour, and provides, by s. 27, that no person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of the peace, session of oyer and terminer, or session of gaol delivery; but if the Court upon the application of the person so indicted, or otherwise, thinks that he ought to be allowed a further time to prepare for his defence, or otherwise, such Court may adjourn the trial to the next session, upon such terms as to bail, etc., as shall seem meet, and may respite the recognizances of the prosecutor and witnesses; the prosecutor and witnesses to be bound to attend and prosecute and give evidence, without entering into fresh recognizances....
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