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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... "
The Southeastern Reporter - Page 445
1906
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - Trials (Murder) - 1807 - 168 pages
...charge of murder, ihe fact of killing being first proved all the circumstances of accident,»ecessity or infirmity are to be satisfactorily proved by the...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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Trial of Thomas O. Selfridge ...: Before the Hon. Isaac Parker ... For ...

Thomas Lloyd, George Caines - 1807 - 168 pages
...murder, the fact of kill'ig being- first proved all the circumstances of accident necessity or infirn.ity 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 theDefendent has proved cither accident, or necessity,...
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - Accomplices - 1809 - 441 pages
...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...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 ^; 773 _j uppeareth....
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A Compendium and Digest of the Laws of Massachusetts, Volume 2, Part 2

Massachusetts, William Charles White - Law - 1810
...: 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 ...

Trials (Murder) - 1820 - 192 pages
...Crown Law, p, 255, as follows : " In every charge of murder, the fact of killing being Jirst pruned, all the circumstances of accident, necessity, or infirmity,...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, Volume 1

Sir William Oldnall Russell - Criminal law - 1824
...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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The Newgate Calendar: Comprising Interesting Memoirs of the Most ..., Volume 3

Andrew Knapp, William Baldwin (Attorney at law) - Crime - 1825
...laid down by Mr. Justice Forster, ' that in every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity,...against him; for the law presumes the fact to be founded on malice until the contrary appears:' that, upon the present occasiou, there was no one fact of provocation...
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Debates in Congress

United States. Congress - Law - 1825
...amounting, in point of law, to murder; and in every charge of murder, the Fact of killing being first proved, all the circumstances of accident, necessity,...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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Debates in Congress, Volume 2; Volume 10; Volume 59

United States. Congress - Law - 1825
...amounting, in point )f law, to murder; and in every charge of murder, the "act of killing being first 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...
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The practice of courts-martial, also the legal exposition and military ...

William Hough - 1825
...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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