The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Page 48
... jury that " when a homicide is committed , the law im- plies malice . It is incumbent on the person who committed it to prove the absence of malice by evidence produced in his defence ; or the proof may arise out of the evidence on the ...
... jury that " when a homicide is committed , the law im- plies malice . It is incumbent on the person who committed it to prove the absence of malice by evidence produced in his defence ; or the proof may arise out of the evidence on the ...
Page 49
... jury ] are convinced of the killing , but are not convinced that it was done with malice , they ought not to find the defendant guilty of murder . . . . Suppose they had returned a special verdict that they found the defendant slew the ...
... jury ] are convinced of the killing , but are not convinced that it was done with malice , they ought not to find the defendant guilty of murder . . . . Suppose they had returned a special verdict that they found the defendant slew the ...
Page 51
... jury , does not leave the case equally balanced , then it is to be decided according to its preponderance . " The jury found the defendant guilty of murder , and on a motion for a new trial , argued with great ability and elegance by ...
... jury , does not leave the case equally balanced , then it is to be decided according to its preponderance . " The jury found the defendant guilty of murder , and on a motion for a new trial , argued with great ability and elegance by ...
Page 52
... jury , and it was only necessary for the prisoner to raise a reasonable doubt on the whole evidence , as well as to the malice as to the fact of killing , to entitle him to an acquittal . The doctrine of the charge , sustained by the ...
... jury , and it was only necessary for the prisoner to raise a reasonable doubt on the whole evidence , as well as to the malice as to the fact of killing , to entitle him to an acquittal . The doctrine of the charge , sustained by the ...
Page 53
... jury that " if , the homicide being conceded , no excuse or justification is shown , it is either murder or manslaughter ; and if the jury , upon all the circumstances , are satisfied , beyond a reasonable doubt , that it was done with ...
... jury that " if , the homicide being conceded , no excuse or justification is shown , it is either murder or manslaughter ; and if the jury , upon all the circumstances , are satisfied , beyond a reasonable doubt , that it was done with ...
Contents
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