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" ... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter,... "
The practice of courts-martial, also the legal exposition and military ... - Halaman 774
oleh William Hough - 1825
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - 1807 - 182 halaman
...expressly or impliedly malicious. These therefore may suffice as a specimen ; and we may take it for a general rule that all Homicide is malicious, and...of the law ; excused on the account of accident or self preservation ; or alleviated into manslaughter by beir£ the involuntary consequence of some act,...
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A Compendium and Digest of the Laws of Massachusetts, Volume 2,Bagian 2

Massachusetts, William Charles White - 1810 - 202 halaman
...impliedly malicious : these, therefore, may suffice as a spc688 HOMIC'DE. cimen ; and we may take it for a general rule, that all homicide is malicious, and...some sudden and sufficiently violent provocation. VIII. Of the proof and the punishment. 1 . The proof. On every charge of murder, the fact of killing...
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Commentaries on the Laws of England: In Four Books, Volume 1

Sir William Blackstone - 1825 - 576 halaman
...expressly, or impliedly, malicious : these therefore may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and...self-preservation ; or alleviated into manslaughter, by being ekher the involuntary consequence of some act, not strictly lawful, or (if voluntary) occasioned by...
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Reports of Proceedings in the High Court of Justiciary: From 1826 to 1829

Scotland. High Court of Justiciary, David Syme - 1829 - 472 halaman
...malicious, and amounts to murder, unless when justified by the command or permission of the law; excused on account of accident or self-preservation ; or alleviated...some sudden and sufficiently violent provocation.' (B. iv. c. 141.) But can the present case be reduced even to this definition ? —Was it the involuntary...
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A London Encyclopaedia, Or Universal Dictionary of Science, Art ..., Volume 15

Thomas Curtis - 1829 - 820 halaman
...the cause of death, it seems it is not homicide. As a general rule all homicide is ' malicious,' and amounts to murder, unless where justified by the command or permission of the law, excused on account of accident or self-preservation, or alleviated into manslaughter by being either the involuntary...
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Commentaries on the Laws of England: In Four Books ; with an ..., Volume 4

William Blackstone - 1836 - 704 halaman
...expressly, or impliedly, malicious : these therefore may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and...by some sudden and sufficiently violent provocation (53). And all these circumstances of justification, excuse, or alleviation, it is incumbent upon the...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 3

Sir Edward Coke, John Henry Thomas - 1836 - 772 halaman
...malicious, and consequently to amount to murder, unless where it appears upou evidence to be either justified by -the command or permission of the law...some sudden and sufficiently violent provocation. 4 Bl. Com. 201. Post. 255. The crime of murder is felony without benefit of clergy, (stats. 23 H. 8....
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 834 halaman
...excusable or justifiable homicide, according to the facts and circumstances of each case. (6) It aa general rule that all homicide is malicious, and of...of the law ; excused on the account of accident or self preservation ; or alleviated into manslaughter, by either being the involuntary consequence of...
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The Criminal Law, and Its Sentences, in Treasons, Felonies, and Misdemeanors ...

Peter Burke - 1844 - 294 halaman
...presumed to be malicious, until the contrary appear upon evidence, that it amounts to murder, unless when justified by the command or permission of the law...some sudden and sufficiently violent provocation, we shall SENTENCES. Same sentence as the preceding. 7 W. 4. & 1 V. c. 22. s. 3. include, under this...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 55

Alabama. Supreme Court - 1878 - 738 halaman
...writers and adjudications on criminal law. Sir Win. Blackstone (4 Com. 201) says: "We may take it for a general rule, that all homicide is malicious, and, of course, amounts to murder, unless when justified, excused, or alleviated into manslaughter ; and all these circumstances of justification,...
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