The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
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Results 11-15 of 55
Page 54
... presumption was somewhat intensified , 1 The matter seems to have been rendered practically obsolete as to Massachu- setts by the Statute of 1858 , which provides that the degree of murder shall be found by the jury . Mass . Gen. St. c ...
... presumption was somewhat intensified , 1 The matter seems to have been rendered practically obsolete as to Massachu- setts by the Statute of 1858 , which provides that the degree of murder shall be found by the jury . Mass . Gen. St. c ...
Page 55
... presumption was enforced in its broadest form . 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 ...
... presumption was enforced in its broadest form . 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 ...
Page 56
... presumption arose not only from proof of a voluntary 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 ...
... presumption arose not only from proof of a voluntary 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 ...
Page 57
... presumption of malice . But this is entirely consistent with such a presumption being raised by the circumstances under which the killing was effected . Mere homicide does not imply malice . But circumstances may attend a homicide which ...
... presumption of malice . But this is entirely consistent with such a presumption being raised by the circumstances under which the killing was effected . Mere homicide does not imply malice . But circumstances may attend a homicide which ...
Page 58
... presumption must apply equally to both ingredients of the offence , to the malice as well as to the killing . . . . The court have no right to withdraw the ques- tion from the jury by assuming to draw the proper inferences from the ...
... presumption must apply equally to both ingredients of the offence , to the malice as well as to the killing . . . . The court have no right to withdraw the ques- tion from the jury by assuming to draw the proper inferences from the ...
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