 | William Blackstone - Law - 1791 - 528 pages
...juftification, excufe, or alleviation, it is incumbent upon the prifoner to make out, to the fatilfadlion of the court and jury : the latter of whom are to decide whether the circumftances alleged are proved to have actually exifted; the former, how far they extend to take... | |
 | Encyclopaedia Perthensis - 1806 - 774 pages
...thefe circiimftani.es of juftification, or alleviation, theprifoner muft make out, to the fatisfaction of the court and jury; the latter of whom are to decide whether the circumftances alleged are proved to have exifted ; the former, how far they extend to take away or... | |
 | Thomas Oliver Selfridge - Murder - 1807 - 182 pages
...circumstanees of justification, excuse, or alleviation, it is ineumbent upon the prisonar to make out to tbe satisfaction of the Court and Jury, the latter of whom are to decide whether the circumstances alledged are proved to have actually existed ; The former, how far they extend or take away or mitigate... | |
 | Encyclopedias and dictionaries - 1816 - 774 pages
...thefe circumftances of juftification, or alleviation, the prifoner muft make out, to the fatisfaction of the court and jury ; the latter of whom are to decide whether the circumftances alleged are proved to have exifted , the former, how far they extend to take away or... | |
 | Sir William BLACKSTONE - 1837 - 468 pages
...strictly lawful, or if voluntary, occasioned by some sudden and sufficiently violent provocation. And all these circumstances of justification, excuse,...latter of whom are to decide whether the circumstances alledged are proved to have actually existed ; the former, how far they extend to take away or mitigate... | |
 | Oliver Lorenzo Barbour - Criminal law - 1841 - 834 pages
...by some sudden and sufficiently violent provocation. And all these circumstances of justifieation, excuse, or alleviation, it is incumbent upon the prisoner...former, how far they extend to take away or mitigate guilt. For all homicide is presumed to be malicious, until the contrary appears upon evidence.(c) (x)... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1878 - 738 pages
...manslaughter ; and all these circumstances of justification, excuse, or alleviation, it is incumbent on the prisoner to make out to the satisfaction of the court and jury." In the case of Webster v. Commonwealth, 5 Gush. 206, the case stood on the naked proof of the homicide,... | |
 | John Frederick Archbold - Criminal law - 1853 - 1006 pages
...of course amounts to murder, unless where justified, excused, or alleviated into manslaughter; and all these circumstances of justification, excuse or...actually existed: the former, how far they extend to take aw»y or mitigate guilt." In 1 East PC 224, 340, it is laid down, that "the fact of killing being first... | |
 | Matthew Davenport Hill - Corrections - 1857 - 748 pages
...strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation : and all these circumstances of justification, excuse,...actually existed — the former, how far they extend to mitigate or take away the guilt; for all homicide is supposed to be malicious until the contrary appeareth... | |
 | Matthew Davenport Hill - Corrections - 1857 - 740 pages
...strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation : and all these circumstances of justification, excuse,...actually existed — the former, how far they extend to mitigate or take away the guilt ; jpr all homicide is supposed to be malicious until the contrary appcarcth... | |
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And all these circumstances of justification, excuse, or alleviation, it is incumbent upon the prisoner to make out to the satisfaction of the court and jury, the latter of whom are to decide whether the circumstances alleged are proved to have actually... 
