 | Thomas Oliver Selfridge - Murder - 1807 - 182 pages
...which he ftands indifted. The firft I fhall now read, is from Fofter's Crown Law, page 255 : proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, unlil the contrary appearet!^. And... | |
 | Sir Michael Foster - Accomplices - 1809 - 504 pages
...all the circumstances of accident, necessity, or infirmity a u n, e| iare to be satisfactorily proved by the prisoner, unless they arise out 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... | |
 | Massachusetts, William Charles White - Law - 1810 - 202 pages
...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... | |
 | Trials (Murder) - 1820 - 212 pages
...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 fact to have been founded in malice, until the contrary appeareth. And... | |
 | William Oldnall Russell - Criminal law - 1824 - 594 pages
...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 the fact to have been founded in malice until the contrary appears, (g) Rule... | |
 | United States. Congress - Law - 1825 - 734 pages
...proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence...defective in knowledge I may be on other subjects, 1 have some acquaintance with the principles of criminal law, and [ am unwilling that it shall be believed... | |
 | Andrew Knapp, William Baldwin (Attorney at law) - Crime - 1825 - 532 pages
...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 presumes the fact to be founded on malice until the contrary appears:' that, upon the present... | |
 | William Oldnall Russell - Criminal law - 1826 - 788 pages
...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 the fact to have been founded in malice until the contrary appears, (g) A charge... | |
 | William Oldnall Russell - Criminal law - 1828 - 836 pages
...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. (i) Indeed it is a universal principle, as Lord Ellenborough observed, in the case of Rex /•. Dixon,... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...proved, all the circumstances of accident, necessity or 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 to be founded in malice, unless the contrary appears. (3) Innocence.... | |
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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... 
