The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Page 56
... criminal procedure . Against this great current of authority in support of 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 ...
... criminal procedure . Against this great current of authority in support of 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 ...
Page 61
... criminal has once been proved , the law frequently infers malice , and requires excul- patory proof from the party . Thus in case of homicide , after proof that the prisoner killed the deceased , the law will presume malice until the ...
... criminal has once been proved , the law frequently infers malice , and requires excul- patory proof from the party . Thus in case of homicide , after proof that the prisoner killed the deceased , the law will presume malice until the ...
Page 62
... criminal law . " It is plainly a violation of the ordinary principles of evidence , of common sense , and of common justice , to raise , upon the mere fact of causing the death , the presumption that it was such a killing as constitutes ...
... criminal law . " It is plainly a violation of the ordinary principles of evidence , of common sense , and of common justice , to raise , upon the mere fact of causing the death , the presumption that it was such a killing as constitutes ...
Page 63
... criminal intention . And by another commentator it is said that such injurious acts as homicide , being wrong in themselves , and pro- hibited both by divine and human law , are presumed to have been committed with a criminal knowledge ...
... criminal intention . And by another commentator it is said that such injurious acts as homicide , being wrong in themselves , and pro- hibited both by divine and human law , are presumed to have been committed with a criminal knowledge ...
Page 64
... criminal action shall be legally presumed to have been committed with a criminal intention , unless the contrary appear from the circumstances of the case . " 6 1 Alciat . de Præs . reg . iii . præs . 1 , v . 3 . 2 Quando reus accusatus ...
... criminal action shall be legally presumed to have been committed with a criminal intention , unless the contrary appear from the circumstances of the case . " 6 1 Alciat . de Præs . reg . iii . præs . 1 , v . 3 . 2 Quando reus accusatus ...
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