Home > Lawyers' Reports Annotated Volume 44: (English)
Lawyers' Reports Annotated Volume 44: (English)

Lawyers' Reports Annotated Volume 44: (English)

          
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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. 1913 edition. Excerpt: ... found against him for the higher offense. If an indictment fof filed upon the same charge. The defendant interposed a plea in bar setting forth specifically all the proceedings before the county judge, and pleading that he had already been placed in jeopardy, and by operation of law had been discharged and acquitted upon the charge of assault. A demurrer to this plea was filed by the state, which was sustained. The plea in bar was overruled, and a trial was had over his objections. The jury found that the defendant was not guilty of assault with intent to inflict great bodily injury, and found that he was guilty of assault. A motion to set aside that portion of the verdict finding the defendant guilty of assault, and a motion in arrest of judgment, were filed and overruled, and a fine and costs adjudged against the defendant. After sentence, defendant also filed a motion to retax the costs, for the reason that the costs in the district court were made in the effort to convict him of the alleged crime of assault with intent to inflict great bodily injury, which the jury found that the defendant is not guilty upon that charge. This was also overruled. The defendant assigns error of the district court in sustaining the demurrer to the plea in bar and in-overruling the same, and further complains that the court erred in overruling the motion to retax the costs in the district court. Section 327 of the Criminal Code provides: "If, in the progress of any trial before a magistrate, under the provisions of this chapter, it shall appear that the defendant ought to be put upon his trial for an offense not cognizable before a magistrate, the magistrate shall immediately stop all further proceedings before him, and proceed as in other criminal...


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Product Details
  • ISBN-13: 9781130315226
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1052
  • Series Title: English
  • Weight: 1837 gr
  • ISBN-10: 1130315223
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 52 mm
  • Width: 189 mm


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