The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Page 50
... rule was , in general terms , again unequivocally laid down by a no less authority than Mr. Chief Justice Tindall : " The question is whether the offence amounts to murder , or whether it is manslaughter of an aggravated description ...
... rule was , in general terms , again unequivocally laid down by a no less authority than Mr. Chief Justice Tindall : " The question is whether the offence amounts to murder , or whether it is manslaughter of an aggravated description ...
Page 51
... rule of law is , when the fact of killing is proved to have been committed by the accused and nothing further is shown , the pre- sumption of law is that it is malicious and an act of murder . It follows , therefore , that in such cases ...
... rule of law is , when the fact of killing is proved to have been committed by the accused and nothing further is shown , the pre- sumption of law is that it is malicious and an act of murder . It follows , therefore , that in such cases ...
Page 52
... rule in both forms as follows : " The rule is , that the implication of malice arises in every case of intentional homicide ; and , the fact of killing being first proved , all the circumstances of accident , necessity , or infirmity ...
... rule in both forms as follows : " The rule is , that the implication of malice arises in every case of intentional homicide ; and , the fact of killing being first proved , all the circumstances of accident , necessity , or infirmity ...
Page 53
... rule was in general terms laid down in the trial of the notorious Laura Fair in 1872.2 3 The presumption that all homicide is murder has been recog- nized also in Georgia . While in North Carolina the doctrine of Com . v . York was held ...
... rule was in general terms laid down in the trial of the notorious Laura Fair in 1872.2 3 The presumption that all homicide is murder has been recog- nized also in Georgia . While in North Carolina the doctrine of Com . v . York was held ...
Page 54
... rule , however , has not been uniformly regarded even in those cases expressly based on that of Com . v . York . Thus in a case in Maine , in 1857 , where all the circum- stances attending the homicide were given in evidence , the court ...
... rule , however , has not been uniformly regarded even in those cases expressly based on that of Com . v . York . Thus in a case in Maine , in 1857 , where all the circum- stances attending the homicide were given in evidence , the court ...
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