The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Page 49
... presumption of malice from the fact of killing was expressly admitted , but it was maintained that in order to overthrow that presumption , the defendant needed only to produce evidence suf- ficient to raise a doubt in the minds of the ...
... presumption of malice from the fact of killing was expressly admitted , but it was maintained that in order to overthrow that presumption , the defendant needed only to produce evidence suf- ficient to raise a doubt in the minds of the ...
Page 50
... presumption is that the party is guilty of murder . . . . The law requires from him to show that there were some mitigating circumstances which alter the presumed character of the act . " It will be seen that the rule as thus laid down ...
... presumption is that the party is guilty of murder . . . . The law requires from him to show that there were some mitigating circumstances which alter the presumed character of the act . " It will be seen that the rule as thus laid down ...
Page 51
... presumption drawn from either of the states of fact indicated by those phrases respectively . In that case , the court charged the jury that " the rule of law is , when the fact of killing is proved to have been committed by the accused ...
... presumption drawn from either of the states of fact indicated by those phrases respectively . In that case , the court charged the jury that " the rule of law is , when the fact of killing is proved to have been committed by the accused ...
Page 52
... presumption as laid down in the charge excepted to , was not supported by any binding authority ; that if it ever had any place it could only be in case of secret homicide , and even there purely by force of authority ; and that if a ...
... presumption as laid down in the charge excepted to , was not supported by any binding authority ; that if it ever had any place it could only be in case of secret homicide , and even there purely by force of authority ; and that if a ...
Page 53
... 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 the homicide . The ...
... 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 the homicide . The ...
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