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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... "
Reports of Criminal Law Cases: Decided at the City-hall of the City of New ... - Side 496
av Jacob D. Wheeler - 1851
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - 1807 - 182 sider
...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 accident, or necessity,...
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - 1809 - 504 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, until the contrary str...
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A Compendium and Digest of the Laws of Massachusetts, Volum 2,Del 2

Massachusetts, William Charles White - 1810 - 202 sider
...: and therefore, all circumstances alleged by way of justification, excuse, or alleviation, must be proved by the prisoner, unless they arise out of the evidence produced against him. Upon the truth of these facts, so alleged, the jury alone are to decide ; but whether, taking them...
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Trial of Robert M. Goodwin: On an Indictment for Manslaughter for Killing ...

1820 - 212 sider
...the fact of killing being Jirst pruned, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence against him ; for the law presumes the fact to have been founded in malice, until the contrary appeareth."...
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A Treatise on Crimes and Misdemeanors, Volum 1

William Oldnall Russell - 1824 - 594 sider
...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 the fact to have been founded in malice until the contrary appears, (g) Rule...
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The Newgate Calendar: Comprising Interesting Memoirs of the Most ..., Volum 3

Andrew Knapp, William Baldwin (Attorney at law) - 1825 - 532 sider
...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 presumes the fact to be founded on malice until the contrary appears:' that, upon the present...
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Register of Debates in Congress: Comprising the ..., Volum 2;Volum 10;Volum 59

United States. Congress - 1825 - 734 sider
...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. I think 1 can say without vanity, that however defective in knowledge I may be on other subjects, 1...
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Register of Debates in Congress: Comprising the ..., Volum 2;Volum 10;Volum 59

United States. Congress - 1825 - 736 sider
...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 without vanity, that however defective in knowledge I may be on other subjects, I...
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The practice of courts-martial, also the legal exposition and military ...

William Hough - 1825 - 1028 sider
...circumstances of necessity, accident, or infirmity, which justify, excuse, or extenuate the act, are to be proved by the prisoner, unless they arise out of the evidence produced agaitut him. It is for the jury to pronounce upon the truth of such facts ; and it is for the court...
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A Treatise on Crimes and Indictable Misdemeanors, Volum 1

William Oldnall Russell - 1826 - 788 sider
...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 the fact to have been founded in malice until the contrary appears, (g) A charge...
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