Report Made to the General Assembly of the State of Louisiana: On the Plan of a Penal Code for the Said StatesB. Levy & Company, 1822 - 159 pages |
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accessaries accomplice accused acknowleged act or omission adopted apply arrest ascer assembly authority bail capital punishments cause chapter civil commission committed common law COMPETENT tribunal confined constitution conviction court or judge crime criminal courts criminal law custody directed discharged duty Edward Livingston effect English law established evil execution exercise favor force fourth book give guilty habeas corpus human illegal imprisonment inflicted innocent institution intended issue judge or court jurisprudence jurors justice legislation legislative power liberty Louisiana magistrate manner means ment minds misdemeanor mode murder nature necessary never offence officer operation party passions penal law penalty person present principal offender principles prisoner produce proper prosecution provisions punishment of death reason reformation religion remedy render restraint rules securing sentence shew sion statute suffer sufficient tence tical tion trial by jury truth warrant witnesses writ of habeas
Popular passages
Page 31 - If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods...
Page 151 - When the jurisdiction of such court or officer has been exceeded; 2. "When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge; 3.
Page 73 - I have no pleasure in the DEATH of a sinner, but rather that he should TURN FROM HIS WICKEDNESS AND LIVE.
Page 136 - ... names be unknown or uncertain, he may be described by an assumed appellation ; and any one who may be served with the writ shall be deemed the person to whom it is directed, although it may be directed to him by a wrong name or description, or to another person: 2. If the person who is directed to be produced, be designated by name; or if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended.
Page 151 - If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1.
Page 3 - SECTION 1. Be it enacted by the senate and house of representatives of the state of Louisiana...
Page 64 - The fate of one set of culprits, in some instances, had no effect, . even on those who were next to be reported for execution ; they play at ball and pass their jokes as if nothing was the matter. I have seen the last separation of persons about to be executed. There was nothing of solemnity about it, and it was more like the parting for a country journey, than taking their last farewell. I mention these things, to...
Page 140 - ... shall make a return, in like manner, and the like proceedings shall be had, as if a writ of habeas corpus had been issued in the first instance.
Page 139 - Where it appears, by proof satisfactory to a court or judge, authorized to grant either writ, that a person is held in unlawful confinement or custody, and that there is good reason to believe that he will be carried out of the State, or suffer...
Page 151 - Where the court has exceeded the limits of its jurisdiction, either as to matter, place, sum or person. 2. Where, though the original imprisonment was lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to his liberty.