But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment... California Appellate Decisions - Página 216por California. District Courts of Appeal - 1918Visualização integral - Acerca deste livro
| United States. Congress. Senate. Committee on Small Business - 1964 - 108 páginas
...because his honest judgment did not anticipate that of a jury of less competent men * * * But * * * the law is full of instances where a man's fate depends...subsequently estimates it, some matter of degree." In view of the uncertainties and the substantial risk inherent in civil or criminal prosecution, no... | |
| New York State Bar Association - 1927 - 738 páginas
...civilization. " Apart from .... restraint of trade." the Supreme Court said, in a Sherman Act case in 1913, " the law is full of instances where a man's fate depends...penalty of death." (Nash v. United States, 229 US, 373, 377, June 9, 1913.) " ' An act causing death may be murder, manslaughter, or misadventure according... | |
| United States. National Commission on Reform of Federal Criminal Laws - 1970 - 798 páginas
...CRIMINAL JUSTICE IN AMERICA 30-31 (1950) : Ara*/i v. United States, 229 US 373, 377 (1913) (Holmes, J.) : "[T]he Law is full of instances where a man's fate...subsequently estimates it, some matter of degree." "MODEL PENAL CODE 85.03, Comment at 103 (Tent. Draft 1960). MN.Y. REV. PEN. LAW j 105.00, Comment at... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1972 - 922 páginas
...adequate constitutional standard of criminality, said in Nash v. United States, 229 US 373, 377, that "the law is full of instances where a man's fate depends...degree. If his judgment is wrong, not only may he 62 Opinion of DOUGLAS, J. incur a fine or a short imprisonment, as here; he may incur the penalty of... | |
| United States. Congress. Senate. Committee on the Judiciary - 1982 - 700 páginas
...rejected a vagueness challenge to the Sherman Act, saving, again in an opinion by Holmes Tflhe law is fun of instances where a man's fate depends on his estimating...the jury subsequently estimates it, some matter of decree. If the judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he... | |
| 1953 - 918 páginas
...inescapable ambiguity cannot, in view of the recognized and measurable standard of the Article, be fatal, for "the law is full of instances where a man's fate depends on his estimating rightly * * * some matter of degree." Nash v. United States, supra, at 377. United States v. Frantz (No. 1114)... | |
| Alexander M. Bickel - 1986 - 322 páginas
...the permanence of his prose the arguments on both sides of the issue, also remarked elsewhere that "the law is full of instances where a man's fate depends on his estimating rightly, that is, as a jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he... | |
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