Sentences with phrase «element of the offense»

One final element of the offense, and a significant one, is Jerry DePoyster, who led the nation last year in scoring by kicking.

«No reasonable jury could possibly find Mr. Silver guilty when the government's own star witness denies an essential element of the offense,» the defense argued.

When the state charges a person with a refusal, in addition to the other elements of the offense, the state has to prove that the person was warned of the penalties if they choose not to take the test.

To the extent that the government can use its coercive power to define elements of an offense, render a judgment against you (in civil court) and enforce it, as cpast observes, it is government action.

Nearly all the elements of his offense — the spread formations, the shotgun reads, the option pitches — were plucked from somewhere else.

If you are charged with carrying a concealed weapon, the prosecution must prove each of the elements of the offense to convict you.

[6] It is trite law that the Crown must prove every element of the offense charged.

If there is no official proceeding, but merely an anticipated proceeding, then an element of the offense can not be established.

However, if you find, that the state has proved all of the elements of the offense charged beyond a reasonable doubt, but you find that based upon the facts of this case a guilty verdict will yield an unjust result, you may find the defendant not guilty.»

(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:

The Leglislature has established the operation of a motor vehicle as an element of an offense of driving under the influence of drugs or alcohol under N.J.S.A. 39:4 - 50 (a).

Furthermore, prosecutors must prove each element of the offense.

The elements of the offense appear in Florida statute 784.045, which explains that aggravated battery can be committed in several ways.

For additional information concerning the elements of the offense and the standard of proof to be applied in a Refusal case, the New Jersey Supreme Court decision of State v. Cummings 184 N.J. 84 (2005 is provided.

Our petition for certiorari presents the question whether conviction under a statute prohibiting acts that cause bodily harm is a «crime of violence,» subjecting the defendant to longer imprisonment under the U.S. Sentencing Guidelines, even though the statute does not require physical force as an element of the offense.

However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty.

Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty.

In R v Marcott, Justices Arbour and Osler concurred that an element of the offense was «that deception is practiced... and that the person undertaking to tell fortunes represents that he has the power to do so with the intention that such representation should be believed», and «[where an] assertion, or undertaking [to predict the future] is made for reward... with intent to deceive, the offense is complete.»

Any felony under an Indiana motor vehicle statute or any felony in which the operation of a vehicle is an element of the offense.