American Law Review, Volume 8Little, Brown and Company, 1874 - Law |
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Page 5
... in the people, " and being derived from them, the several magistrates and
officers of government vested with authority, whether legislative, executive, or
judicial, are their substitutes and agents, and are at all times accountable to them.
... in the people, " and being derived from them, the several magistrates and
officers of government vested with authority, whether legislative, executive, or
judicial, are their substitutes and agents, and are at all times accountable to them.
Page 45
1 Kelyng is held to be one of the best authorities,2 and the book was edited by
Lord Holt himself, so it would seem safe to accept this report as accurate. The
next case was the leading one of Rex v. Oneby, decided in 1727.8 That was a
case of ...
1 Kelyng is held to be one of the best authorities,2 and the book was edited by
Lord Holt himself, so it would seem safe to accept this report as accurate. The
next case was the leading one of Rex v. Oneby, decided in 1727.8 That was a
case of ...
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
shown ...
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
shown ...
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 ...
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Contents
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