The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 6-10 of 78
Page 49
... doctrine of the presumption of malice from the fact of killing , yet in that case a new trial was granted on the ground that the judge erred in charging that " the killing being proved , the law presumes it was mali- cious , and that it ...
... doctrine of the presumption of malice from the fact of killing , yet in that case a new trial was granted on the ground that the judge erred in charging that " the killing being proved , the law presumes it was mali- cious , and that it ...
Page 52
... doctrine of the 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 ...
... doctrine of the 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 ...
Page 53
... doctrine of Com . v . York was held to justify a charge to the effect that the rule that the jury ought to be satisfied beyond a reasonable doubt of the prisoner's guilt , could apply only to the fact of the homicide , for if they found ...
... doctrine of Com . v . York was held to justify a charge to the effect that the rule that the jury ought to be satisfied beyond a reasonable doubt of the prisoner's guilt , could apply only to the fact of the homicide , for if they found ...
Page 54
... doctrine as it is now gener- ally stated in that State is , that all homicide is presumed to be unlawful , and the burden is in all cases on the defendant to prove it not so . The application of this rule , however , has not been ...
... doctrine as it is now gener- ally stated in that State is , that all homicide is presumed to be unlawful , and the burden is in all cases on the defendant to prove it not so . The application of this rule , however , has not been ...
Page 56
... doctrine that the law presumes an intent to commit murder from the fact of killing , or from the fact of voluntary , wilful , or intentional killing , mitigated under some statutes into a pre- sumption of intent to commit murder in the ...
... doctrine that the law presumes an intent to commit murder from the fact of killing , or from the fact of voluntary , wilful , or intentional killing , mitigated under some statutes into a pre- sumption of intent to commit murder in the ...
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