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" And all these circumstances of justification, excuse, or alleviation, it is incumbent upon the prisoner to make out to the satisfaction of the court and jury, the latter of whom are to decide whether the circumstances alleged are proved to have actually... "
The London encyclopaedia, or, Universal dictionary of science, art ... - الصفحة 223
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Commentaries on the Laws of England: In Four Books, المجلد 4

William Blackstone - 1791 - عدد الصفحات: 528
...juftification, excufe, or alleviation, it is incumbent upon the prifoner to make out, to the fatilfadlion of the court and jury : the latter of whom are to decide whether the circumftances alleged are proved to have actually exifted; the former, how far they extend to take...

Encyclopaedia Perthensis; or, Universal dictionary of Knowledge, المجلد 15

Encyclopaedia Perthensis - 1806 - عدد الصفحات: 774
...thefe circiimftani.es of juftification, or alleviation, theprifoner muft make out, to the fatisfaction of the court and jury; the latter of whom are to decide whether the circumftances alleged are proved to have exifted ; the former, how far they extend to take away or...

Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - 1807 - عدد الصفحات: 182
...circumstanees of justification, excuse, or alleviation, it is ineumbent upon the prisonar to make out to tbe satisfaction of the Court and Jury, the latter of whom are to decide whether the circumstances alledged are proved to have actually existed ; The former, how far they extend or take away or mitigate...

Encyclopaedia Perthensis; Or Universal Dictionary of the Arts ..., المجلد 15

1816 - عدد الصفحات: 774
...thefe circumftances of juftification, or alleviation, the prifoner muft make out, to the fatisfaction of the court and jury ; the latter of whom are to decide whether the circumftances alleged are proved to have exifted , the former, how far they extend to take away or...

Select Extracts from Blackstone's Commentaries ... With a glossary ...

Sir William BLACKSTONE - 1837 - عدد الصفحات: 468
...strictly lawful, or if voluntary, occasioned by some sudden and sufficiently violent provocation. And all these circumstances of justification, excuse,...latter of whom are to decide whether the circumstances alledged are proved to have actually existed ; the former, how far they extend to take away or mitigate...

The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - عدد الصفحات: 834
...by some sudden and sufficiently violent provocation. And all these circumstances of justifieation, excuse, or alleviation, it is incumbent upon the prisoner...former, how far they extend to take away or mitigate guilt. For all homicide is presumed to be malicious, until the contrary appears upon evidence.(c) (x)...

Reports of Cases Argued and Determined in the Supreme Court of ..., المجلد 55

Alabama. Supreme Court - 1878 - عدد الصفحات: 738
...manslaughter ; and all these circumstances of justification, excuse, or alleviation, it is incumbent on the prisoner to make out to the satisfaction of the court and jury." In the case of Webster v. Commonwealth, 5 Gush. 206, the case stood on the naked proof of the homicide,...

A Complete Practical Treatise on Criminal Procedure, Pleading and Evidence ...

John Frederick Archbold - 1853 - عدد الصفحات: 1006
...of course amounts to murder, unless where justified, excused, or alleviated into manslaughter; and all these circumstances of justification, excuse or...actually existed: the former, how far they extend to take aw»y or mitigate guilt." In 1 East PC 224, 340, it is laid down, that "the fact of killing being first...

Suggestions for the Repression of Crime: Contained in Charges Delivered to ...

Matthew Davenport Hill - 1857 - عدد الصفحات: 748
...strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation : and all these circumstances of justification, excuse,...actually existed — the former, how far they extend to mitigate or take away the guilt; for all homicide is supposed to be malicious until the contrary appeareth...

Suggestions for the Repression of Crime: Contained in Charges Delivered to ...

Matthew Davenport Hill - 1857 - عدد الصفحات: 740
...strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation : and all these circumstances of justification, excuse,...actually existed — the former, how far they extend to mitigate or take away the guilt ; jpr all homicide is supposed to be malicious until the contrary appcarcth...




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