A Selection of Leading Cases in Criminal Law: With Notes
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Hargrave, in his commentary upon the maxim ad questionem in Coke's Institutes, and also by Mr. Chitty in his approved treatise on criminal law. Co. Litt. 155, note 276 ; 1 Chitty Cr. L. 637. , It has been claimed, that the allowance of bills of exceptions in criminal cases is inconsistent with a right of the jury to pass upon the whole matter in the issue tried by them. It is, doubtless, true, that the doctrine of bills of exceptions proceeds upon the presump- tion, that the directions of the j...udge in matters of law are followed by the jury to the extent to which such directions are made subject to the revision of the court ; and to that extent the law involved in such issue may be conceded to be under the control of the court.
But the limited extent to which the remedy may be applied, furnishes an argument in favor of, rather than against, the controverted right of juries. Bills of exceptions were unknown to the common law, and in England were authorized by the statute of Westminster 2nd, c.
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To quickly assess the difficulty of the text, read a short excerpt:
Hargrave, in his commentary upon the maxim ad questionem in Coke's Institutes, and also by Mr. Chitty in his approved treatise on criminal law. Co. Litt. 155, note 276 ; 1 Chitty Cr. L. 637. , It has been claimed, that the allowance of bills of exceptions in criminal cases is inconsistent with a right of the jury to pass upon the whole matter in the issue tried by them. It is, doubtless, true, that the doctrine of bills of exceptions proceeds upon the presump- tion, that the directions of the j...udge in matters of law are followed by the jury to the extent to which such directions are made subject to the revision of the court ; and to that extent the law involved in such issue may be conceded to be under the control of the court.
But the limited extent to which the remedy may be applied, furnishes an argument in favor of, rather than against, the controverted right of juries. Bills of exceptions were unknown to the common law, and in England were authorized by the statute of Westminster 2nd, c.
What to read after A Selection of Leading Cases in Criminal Law: With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Franklin Fiske Heard to read onlineMoreLess
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