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" Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. "
Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 162
by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914
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Draft of a Penal Code for the State of New York

New York (State). Commissioners of the Code, David Dudley Field - 1864 - 358 pages
...embodied in one of the Codes already reported, and now before the Legislature for its consideration. <S 9. Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, shall find the degree of the crime, of which he is guilty. g 10. The rule of the common law...
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The Penal Code of California, Volume 4

California - 1872 - 698 pages
...evidence, as established to their satisfaction, the Court must order a new trial. Jurytofind 1157. Whenever a crime is distinguished into degrees, the...defendant, must find the degree of the crime of which he i guilty. The People NOTE.— Stats. 1856, p. 219, Sec. 2. ] vs. Campbell, October Term, 1870 (40 C...
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The Penal Code of the State of California

California - 1874 - 712 pages
...Court must order a new trial. Jurytofind 1157. Whenever a crime is distinguished into decrime, grees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. NOTE.— Stats. 1856, p. 219, Sec. 2. In The People vs. Campbell, October Term, 1870 (40 Cat., p. 1ST),...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 986 pages
...their satisfaction, the court must order a new trial. 14.157. Jury to find degree of crime. SEC. 1157. ts, deprives of necessary sustenance, 14.158. Verdict on charge of previous conviction. SEC. 1158. Whenever the fact of a previous conviction...
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San Francisco Law Journal, Volume 1

1878 - 442 pages
...burglary committed in the day-time is made burglary in the second degree. Section 1157 provides: " Whenever a crime is distinguished into degrees, the...they convict the defendant, must find the degree of crime of which he is guilty, " and as we have seen, in case of a plea of guilty, a like duty is cast...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - 1878 - 238 pages
...acquittal of the same offense, it is either "for the people" or "for the defendant." SEC. 300. — Whenever a crime is distinguished into degrees, the Jury, if they convict the defendant, crime, jury . . De ri _ t must find the degree of the crime of which he is guilty. De ri _ t to SEC....
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The Penal Code of California: Enacted in 1872, as Amended in 1885

California - 1881 - 940 pages
...282; 15 Ark. 624; 3 Kail. 450; 23 Tex. 210; see contra, 72 Dl. 37. See NEW TEIAL, post, 5 1181. 1157. Whenever a crime is distinguished into degrees, the...find the degree of the crime of which he is guilty. Degree of crime.— The verdict should determine the degree of the crime— 52 Cal. 454; 40 Id. 137;...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 820 pages
...satisfaction, the court must order a new trial. 1. Verdict Contrary to Evidence. — Sec. 1181, n. 6. 1157. Whenever a crime is distinguished into degrees, the...find the degree of the crime of which he is guilty. 1. Specification of Degree.— When the offense charged is distinguished into degrees, and the jury,...
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The Penal Code of California: Enacted in 1872, as Amended in 1883

California - 1881 - 860 pages
...282; 15 Ark. «24; 3 Kan. 450; 23 Tex. 210; see contra, 72 111. 37. See NEW TKIAL, post, S 1181. 1157. Whenever a crime is distinguished into degrees, the...defendant, must find the degree of the crime of which lie is guilty. Degree of crime.— The verdict should determine the degree of the crime— 52 Cal....
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Laws of the State of New York, Volume 3

New York (State) - 1881 - 242 pages
...„.-,, ,, ... ,. . must preflicted only upon a legal conviction in a court having jurisdiction. § 10. Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of criS£.ee of the crime, of which he is guilty §11. The rule that...
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