The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 6-10 of 84
Page 47
... charged the jury in these terms : " Whenever the fact of killing is proved , the law presumes it to be founded in malice ... charge of his learned brother , and so entirely did he subscribe to his doctrine that it seemed to him nothing ...
... charged the jury in these terms : " Whenever the fact of killing is proved , the law presumes it to be founded in malice ... charge of his learned brother , and so entirely did he subscribe to his doctrine that it seemed to him nothing ...
Page 48
... charge to the jury . And although this and the two preceding cases were at Nisi Prius merely , yet the great reputation of the judges who presided entitle their opinions , even thus expressed , to great weight as evidence of the ...
... charge to the jury . And although this and the two preceding cases were at Nisi Prius merely , yet the great reputation of the judges who presided entitle their opinions , even thus expressed , to great weight as evidence of the ...
Page 49
... charge was held erroneous . Catron , C. J. , said , " If from the whole body of the evidence they [ the jury ] are convinced of the killing , but are not convinced that it was done with malice , they ought not to find the defendant ...
... charge was held erroneous . Catron , C. J. , said , " If from the whole body of the evidence they [ the jury ] are convinced of the killing , but are not convinced that it was done with malice , they ought not to find the defendant ...
Page 51
... charge was sustained . In one portion of his opinion , Mr. Chief Justice Shaw thus expressed himself : “ I have thus endeavored to establish the proposition . . . that when the fact of voluntary homicide is shown , and this not ...
... charge was sustained . In one portion of his opinion , Mr. Chief Justice Shaw thus expressed himself : “ I have thus endeavored to establish the proposition . . . that when the fact of voluntary homicide is shown , and this not ...
Page 52
... charge was a violation of the maxim that in criminal cases the burden of proof is on the prosecution throughout to make out the whole case ; that the presumption as laid down in the charge excepted to , was not supported by any binding ...
... charge was a violation of the maxim that in criminal cases the burden of proof is on the prosecution throughout to make out the whole case ; that the presumption as laid down in the charge excepted to , was not supported by any binding ...
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