The Law of Homicide: Together with the Trial for Murder of Judge Wilkinson, Dr. Wilkinson and Mr. Murdaugh, Including the Indictments, Evidence and Speeches of Hon. S.S. Prentiss, Hon. Benjamin Hardin, E.J. Bullock, Esq., Judge Rowan, Col. Robertson, and John B. Thompson, Esq., of Counsel in Full

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R. Clarke & Company, 1882 - 412 páginas
 

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Página 186 - Bacchus' blessings are a treasure, Drinking is the soldier's pleasure: Rich the treasure, Sweet the pleasure, Sweet is pleasure after pain. Soothed with the sound, the king grew vain; Fought all his battles o'er again, And thrice he routed all his foes, and thrice he slew the slain!
Página 274 - For if a woman is quick with child, and by a potion or otherwise killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child ; this, though not murder, was by the ancient law homicide or manslaughter (c).
Página 307 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Página 396 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...
Página 359 - If the accused was conscious that the act was one which he ought not to do. and if that act was at the same time contrary to the law of the land, he is punishable...
Página 89 - ... is apt to lead one, a principle of malevolence to particulars ; for the law, by the term malice, malitia, in this instance, meaneth, that the fact hath been attended with such circumstances as are the ordinary symptoms of a wicked heart, regardless of social duty, and fatally bent upon mischief.
Página 298 - There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees but cannot avoid, and placing it under a coercion which, while its results are clearly perceived, is incapable of resistance.
Página 89 - It is not confined to ill-will towards one or more individual persons, but is intended to denote an action flowing from any wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty, and fatally bent on mischief. And therefore malice is implied from any deliberate or cruel act against another, however sudden.
Página 200 - ... be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Página 396 - ... when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony, or to do some great personal injury to the slayer, or to any such person, and there is imminent danger of such design being accomplished ; or, 2.

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