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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... "
Report of the Trial of Samuel M. Andrews: Indicted for the Murder of ... - Strana 173
autor/autoři: Samuel M. Andrews, Charles Gideon Davis - 1869 - 287 str.
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Trial of Robert M. Goodwin: On an Indictment for Manslaughter for Killing ...

1820 - 212 str.
...rely. Foster's Introduction to the Discourse on Homicide, § 1. p. 255. " In every charge of murder, the fact of killing being first proved, all the circumstances...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...
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A Treatise on Crimes and Misdemeanors, Svazek 1

William Oldnall Russell - 1824 - 594 str.
...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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Register of Debates in Congress: Comprising ..., Svazek 2,Svazek 10,Svazek 59

United States. Congress - 1825 - 734 str.
...in every instance of homicide, amounting, in point of law, to murder; and in every charge of murder, the Fact of killing being first proved, all the circumstances...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...
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The Newgate Calendar: Comprising Interesting Memoirs of the Most ..., Svazek 3

Andrew Knapp, William Baldwin (Attorney at law) - 1825 - 532 str.
...They re.'ied upon the doctrine laid down by Mr. Justice Forster, ' that in every charge of murder, the fact of killing being first proved, all the circumstances...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...
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Register of Debates in Congress: Comprising ..., Svazek 2,Svazek 10,Svazek 59

United States. Congress - 1825 - 736 str.
...instance of homicide, amounting, in point )f law, to murder; and in every charge of murder, the "act of killing being first proved, all the circumstances...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, Svazek 1

William Oldnall Russell - 1826 - 780 str.
...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 - 1358 str.
...the law would presume the. intention. (2) Sir M. Forster observes, that, in every charge of murder, the fact of killing being first proved, all the circumstances...infirmity are to be satisfactorily established by the prisoner, unless they arise out of the evidence produced against him ; for the law presumes the fact...
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A Digest of the Law of Evidence in Criminal Cases

Henry Roscoe - 1840 - 908 str.
...malice arises in many cases^ "In every charge of murder," says Mr. Justice *Fos/er, "the fact of [ *21 ] killing being first proved, all the circumstances...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...
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The Case of the Queen, Against Serva and Others: Inclusive of the Trial, and ...

Francisco Ferreira Santa Serva (defendant.), William Bassett Hewson - 1846 - 180 str.
...prove it by three witnesses, and the circumstances which marked the case)—in every charge of murder, the fact of killing being first proved, all the circumstances...necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence adduced against him; for the law assirmeth...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Svazek 1

Edward William Cox - 1846 - 598 str.
...Mr. Justice Foster (Cr. Law, p. 255) in these words : " In every charge of murder, the fact of the killing being first proved, all the circumstances...accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence producod against him ; for the law presumeth...
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