The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 11-15 of 49
Page 52
... killing , to entitle him to an acquittal . The doctrine of the charge , sustained by the majority of the court in this case , was subsequently relied upon by the govern- ment in the same court in the celebrated Webster trial . The court ...
... killing , to entitle him to an acquittal . The doctrine of the charge , sustained by the majority of the court in this case , was subsequently relied upon by the govern- ment in the same court in the celebrated Webster trial . The court ...
Page 53
... killing raised a presumption of malice and threw the burden of proof on the defendant , yet it was not incumbent on him to produce a preponderance of proof in order to rebut it , but only enough to raise a doubt as to the character of ...
... killing raised a presumption of malice and threw the burden of proof on the defendant , yet it was not incumbent on him to produce a preponderance of proof in order to rebut it , but only enough to raise a doubt as to the character of ...
Page 54
... 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 accused would reduce the crime below the ...
... 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 accused would reduce the crime below the ...
Page 55
... killing , murder in the second degree was to be presumed . To raise the grade of the offence above that , the burden lay on the commonwealth ; to reduce it to man- slaughter , the burden was on the prisoner.1 And a similar rule has ...
... killing , murder in the second degree was to be presumed . To raise the grade of the offence above that , the burden lay on the commonwealth ; to reduce it to man- slaughter , the burden was on the prisoner.1 And a similar rule has ...
Page 56
... killing , but also from that of killing . Moreover , the rule as to the quantum of proof required by the prisoner to overthrow the presumption , viz . , a preponderance of evidence , enunciated for the first time , as is thought , in ...
... killing , but also from that of killing . Moreover , the rule as to the quantum of proof required by the prisoner to overthrow the presumption , viz . , a preponderance of evidence , enunciated for the first time , as is thought , in ...
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