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Home > Art, Film & Photography > Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure
Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure

Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...are a permissible substitute for the latter,2 it is not so plain that the latter are such for the former.3 481. "Daughter or sister," or "other woman," distinguished.--An Ohio statute made it, in one section, rape, and punishable in a particular way, for a man to have "carnal knowledge of his daughter or sister, forcibly and against her will;" and, in the next section, rape, punishable less heavily, to have "carnal knowledge of any other woman, or female child, than his daughter or sister as aforesaid, forcibly and against her will."4 And the court observed that here "are distinct and separate crimes, and not merely different grades of the same crime;" adding, and apparently holding, that, "in clT-rging the latter crime, it is essential for the indictment to state that the woman or female child upon whom the crime is charged to have been committed is not the daughter or sister of the accused." Whether this decision is sound or not, certainly not all tribunals will follow it. For it is a principle pervading the entire criminal law, that the prosecuting power can call an offender to account or not, or take notice of a particular element of his wrong or not,6 as it chooses. So that, where the injured female is the "daughter or sister," the grand jury is not compellable to take notice of the fact. They may frame the indictment as though she was not, and the conviction will be for the milder offense. For a defendant cannot escape by showing that he is more guilty than he is charged with being. Then, where the woman is not the "daughter or sister," this fact is simply matter of defense against the higher charge. And it is a rule of criminal pleading that...


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Product Details
  • ISBN-13: 9781230176512
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 314
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1230176519
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 562 gr


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Commentaries on the Law of Statutory Crimes; Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure
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