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" ... in the heat of passion on sudden provocation" in order to reduce the homicide to manslaughter. "
The Northeastern Reporter - Side 244
1925
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 432

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976
...affirmative defense had been made out. It seems to us that the State satisfied the mandate of Winship that it prove beyond a reasonable doubt "every fact necessary to constitute the crime with which [Patterson was] charged." 397 US, at 364. In convicting Patterson under its murder statute,...
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Reform of the Federal Criminal Laws: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 12896 sider
...negate one of the elements required for conviction may also violate the rule that the prosecution must prove beyond a reasonable doubt every fact necessary to constitute the crime charged. In re Winship, 397 US 358 (1970). Congressional and police abuses of the Fifth Amendment have...
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Criminal Law

David C. Brody, James R. Acker, Wayne A. Logan - 2001 - 652 sider
...mitigating circumstances. . . . It seems to us that the State satisfied the mandate of Winship that it prove beyond a reasonable doubt "every fact necessary to constitute the crime with which [Patterson was] charged." 397 US, at 364 [I]n revising its criminal code, New York provided...
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The Psychology and Law of Criminal Justice Processes

Roger J. R. Levesque - 2006 - 723 sider
...regard to that issue, the court concluded that the State had been "relieved of part of its burden to prove beyond a reasonable doubt every fact necessary to constitute the crime charged," and that respondent had therefore been denied due process. We granted certiorari. II. The...
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Law without Justice: Why Criminal Law Doesn't Give People What They Deserve

Paul H. Robinson, Michael T. Cahill - 2005 - 336 sider
..."defenses" or "mitigations." The first of these cases, In re Winship, held that the prosecution must prove beyond a reasonable doubt "every fact necessary to constitute the crime with which [the defendant] is charged."12 In Mullaney v. Wilbur, this was held to include disproving...
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