 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 4451906Full view - About this book
 | Courtney Stanhope Kenny - Criminal law - 1928 - 634 pages
...Press in 1762, at page 255, he states: 1In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity,...of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth. And very right it... | |
 | Victoria. Supreme Court - Law reports, digests, etc - 1887 - 982 pages
...Crown Law 255, occurs this passage : — " In every charge of murder, the fact Q/" killing being first proved, all the circumstances of accident, necessity,...of the evidence produced against him ; for the law presnmeth the fact to have been founded in'malice until the contrary appeareth." Now applying these... | |
 | John Wurts, Edward Franklin White - Law reports, digests, etc - 1921 - 990 pages
...So. 640. VII. EVIDENCE. § 55. Presumptions and burden of proof. To rebut the implication of malice, all the circumstances of accident, necessity, or infirmity...to be satisfactorily proved by the prisoner, unless proved by the evidence adduced against him. (1867-1868) Holland v. State, 12 Fla. 117; (1868-1869)... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1851 - 552 pages
...implication of malice arises in every case of intentional homicide ; and, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily established by the party charged, unless they arise out of the evidence produced against him to prove... | |
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