American Law Review, Volume 8Little, Brown and Company, 1874 - Law |
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Page 50
In 1837, the rule was, in general terms, again unequivocally laid down by a no
less authority than Mr. Chief J ustice Tindall : " The question is whether the
offence amounts to murder, or whether it is manslaughter of an aggravated
description.
In 1837, the rule was, in general terms, again unequivocally laid down by a no
less authority than Mr. Chief J ustice Tindall : " The question is whether the
offence amounts to murder, or whether it is manslaughter of an aggravated
description.
Page 52
1 York's, case was cited as authority for the principle that the presumption of
malice arises from the mere fact of killing in two cases decided soon afterwards in
Mississippi.2 And in a subsequent case, where nothing but the homicide was ...
1 York's, case was cited as authority for the principle that the presumption of
malice arises from the mere fact of killing in two cases decided soon afterwards in
Mississippi.2 And in a subsequent case, where nothing but the homicide was ...
Page 56
Stokes, and it is to be noticed that both the opinion in this case and the charge
referred to find authority in Com. v. York, where, as has been pointed out, the
Chief Justice virtually maintained that the presumption arose not only from proof
of a ...
Stokes, and it is to be noticed that both the opinion in this case and the charge
referred to find authority in Com. v. York, where, as has been pointed out, the
Chief Justice virtually maintained that the presumption arose not only from proof
of a ...
Page 59
York;1 and there is scarcely a case where the rule in question was considered, in
which that work was not referred to as authority. He lays down the rule in these
terms : "In every charge of murder, the fact of killing being first proved, all the ...
York;1 and there is scarcely a case where the rule in question was considered, in
which that work was not referred to as authority. He lays down the rule in these
terms : "In every charge of murder, the fact of killing being first proved, all the ...
Page 60
But if the plain meaning of the words is followed, it will be seen that the passage
from Hale is no authority for or against the rule. It is nothing more than a definition
of murder, given preliminary to the author's discussion of the doctrine of inrplied ...
But if the plain meaning of the words is followed, it will be seen that the passage
from Hale is no authority for or against the rule. It is nothing more than a definition
of murder, given preliminary to the author's discussion of the doctrine of inrplied ...
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