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Revised Penal Code and Code of Criminal Procedure Volume 1

Revised Penal Code and Code of Criminal Procedure Volume 1


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...to keep the other branches within the limitations of the constitution; and the exercise of this great and paramount duty is essential to the existence and transmission of freedom. Ex parte Mabry, 5 App. 93. When a penal law prohibits two or more acts, it may be constitutional and valid as to one of the acts, and unconstitutional and invalid as to the other. Ex parte Kennedy,23 App. 77; Holley v. S. 14 App. 506. The Constitution of the United States being framed for the establishment of a national government, it is a settled rule of construction of that instrument, that the limitations it imposes upon the powers of government are in all cases to be understood as limitations upon the government of the Union only, except where the states are expressly mentioned. The fifth amendment to tbs Constitution of the United States is not, therefore, a limitation upon the states, and the power to prosecute crime by information, or by other mode than by indictment of a grand jury, not being surrendered by the states, they may, and some of them do, exercise such power. Pitner v. S. 23 App. 366. In all cases involving clearly and unquestionably the constitutionality and validity of state laws, with reference to provisions of the Constitution of the United States, the decisions of the Supreme Court of the United States clearly, certainly and unequivocally expressed, are binding upon state courts. But see this case for an instance in which a state court declines to follow a decision of the Supreme Court of the United States, for several reasons. Asher v. S. 23 App. 662. In determining the validity of a statute, assailed upon the ground that its enactment was not in conformity with some express requirement of the constitution, the courts are not confined to the verity usually...


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Product Details
  • ISBN-13: 9781130676785
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 500
  • Spine Width: 26 mm
  • Width: 189 mm
  • ISBN-10: 1130676781
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 885 gr

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