The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 11-15 of 81
Page 54
... jury that " in all cases where the unlawful killing is proved , and there is nothing in the circumstances of the case as proved to explain , qualify , or palliate the act , the law presumes it to have been done maliciously ; and if the ...
... jury that " in all cases where the unlawful killing is proved , and there is nothing in the circumstances of the case as proved to explain , qualify , or palliate the act , the law presumes it to have been done maliciously ; and if the ...
Page 55
... jury brought in what was in substance a special verdict , to the effect that the defendant was guilty , but they added , " we believe it was done without premeditation . " Byles , J. , refused to receive the verdict , saying , " The ...
... jury brought in what was in substance a special verdict , to the effect that the defendant was guilty , but they added , " we believe it was done without premeditation . " Byles , J. , refused to receive the verdict , saying , " The ...
Page 57
... jury in the language employed by Wilde , J. , in his dissenting opinion in Com . v . York.1 Mr. Justice Curtis said to the jury : " If a man attacks another with a dangerous weapon and kills him , no sufficient provocation appearing ...
... jury in the language employed by Wilde , J. , in his dissenting opinion in Com . v . York.1 Mr. Justice Curtis said to the jury : " If a man attacks another with a dangerous weapon and kills him , no sufficient provocation appearing ...
Page 58
... jury by assuming to draw the proper inferences from the whole or any part of the fact proved , as presumption of law . If courts could do this , juries might be required to find the fact of malice where they were satisfied from the ...
... jury by assuming to draw the proper inferences from the whole or any part of the fact proved , as presumption of law . If courts could do this , juries might be required to find the fact of malice where they were satisfied from the ...
Page 65
... jury found that the defendant struck the fatal blow , but did not find that he did it feloniously or of malice aforethought . The judges held , among the several points decided , that the office of the jury was only to show the truth of ...
... jury found that the defendant struck the fatal blow , but did not find that he did it feloniously or of malice aforethought . The judges held , among the several points decided , that the office of the jury was only to show the truth of ...
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