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" In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth... "
Mississippi State Cases: Being Criminal Cases Decided in the High Court of ... - Side 1430
1872 - 1965 sider
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - 1807 - 168 sider
...charge of murder, ihe fact of killing being first proved all the circumstances of accident,»ecessity or infirmity are to be satisfactorily proved by the prisoner unless they arise out of the evidence produced against him." . The question you have before you is, whether the Defendant has proved either...
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge, Thomas Lloyd, George Caines - 1807 - 168 sider
...murder, the fact of kill'ig being- first proved all the circumstances of accident necessity or infirn.ity are to be satisfactorily proved by the prisoner unless they arise out of the evidence produced against him." The question you have before you is, whether theDefendent has proved cither...
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - 1809 - 441 sider
...first Malice pre . proved, all the circumstances of accident, necessity, or infirmity a u n, e| iare to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth (I.,I . R aym the fact to have been founded in malice,...
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Trial of Robert M. Goodwin: On an Indictment for Manslaughter for Killing ...

1820 - 192 sider
...Introduction to the Discourse on Homicide, § 1. p. 255. " In every charge of murder, the fact of killing being first proved, all the circumstances of accident,...the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary...
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A Treatise on Crimes and Misdemeanors, Volum 1

Sir William Oldnall Russell - 1824
...party accused of malice aforethought. It should be observed however, that when the fact of killing is proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily shewn by the prisoner, unless they arise out of the evidence produced against him ; for the law presumes...
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The Newgate Calendar: Comprising Interesting Memoirs of the Most ..., Volum 3

Andrew Knapp, William Baldwin (Attorney at law) - 1825
...the doctrine laid down by Mr. Justice Forster, ' that in every charge of murder, the fact of killing being first proved, all the circumstances of accident,...the prisoner, unless they arise out of the evidence produced against him; for the law presumes the fact to be founded on malice until the contrary appears:'...
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Register of Debates in Congress: Comprising the ..., Volum 2;Volum 10;Volum 59

United States. Congress - 1825
...homicide, amounting, in point of law, to murder; and in every charge of murder, the Fact of killing being first proved, all the circumstances of accident,...the prisoner, unless they arise out of the evidence produced against him. I think 1 can say without vanity, that however defective in knowledge I may be...
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Register of Debates in Congress: Comprising the ..., Volum 2;Volum 10;Volum 59

United States. Congress - 1825
...homicide, amounting, in point )f law, to murder; and in every charge of murder, the "act of killing being first proved, all the circumstances of accident,...necessity, or infirmity, are to be satisfactorily Droved by the prisoner, unless they arise out of the evidence produced against him. I think 1 can say...
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A Treatise on Crimes and Indictable Misdemeanors, Volum 1

William Oldnall Russell - 1826 - 828 sider
...accused, of malice, aforethought. It should be observed, however, that when the fact of killing is proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily shewn by the prisoner, unless they arise out of the evidence produced against him ; for the law presumes...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1838 - 1079 sider
...presume the. intention. (2) Sir M. Forster observes, that, in every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity or infirmity are to be satisfactorily established by the prisoner, unless they arise out of the evidence produced against him ; for the law...
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