...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...

...appear; 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. (i) Indeed it is a universal principle, as Lord Ellenborough observed, in the case of Rex /•. Dixon,...

...infirmity, which may justify or excuse it, are to be satisfactorily proved by the prisoner at his trial, unless they arise out of the evidence produced against...be founded in malice, until the contrary appears. 2. A second act declared piracy, by our laws, is the piratically and feloniously running away with...

...proved, all the circumstances of accident, necessity or infirmity are to be satisfactorily established by the prisoner, unless they arise out of the evidence...the law presumes the fact to be founded in malice, unless the contrary appears. (3) Innocence. A presumption exists against criminality and the commission...

...intention. (2) Sir M. Forster observes, that, in every charge of murder, the fact of killing being first 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...

...cases^ "In every charge of murder," says Mr. Justice *Fos/er, "the fact of [ *21 ] killing being first proved, all the circumstances of accident, necessity,...in malice, until the contrary appears." Foster, 255 ;. 1 Hale, PC 455; 1 East, PC 340. Where a man was convicted of setting fire to a mill, with intent...

...be proved, all the circumstances of necessity or infirmity are to be satisfactorily proved by him, 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 appears. You will, therefore,...

...(Cr. Law, p. 255) in these words : " In every charge of murder, the fact of the killing being first proved, all the circumstances of accident, necessity,...the prisoner, unless they arise out of the evidence producod against him ; for the law presumeth the fact to have been founded in malice until the contrary...

...the circumstances which marked the case)—in every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity,...the prisoner, unless they arise out of the evidence adduced against him; for the law assirmeth the fact to be founded in malice, unless the contrary appeareth,...

...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." (Sect. 12.) " Whenever death ensues from sudden transport of passion or heat of blood, if upon a reasonable...