A Full Report, Embracing All the Evidence and Arguments in the Case of the Commonwealth of Virginia Vs. Thomas Ritchie, Jr: Tried at the Spring Term of the Chesterfield Superior Court, 1846

Burgess, Stringer and Company, 1846 - 91 páginas

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Página 84 - ... as far as the fierceness of the assault will permit him,(>) for it may be so fierce as not to allow him to yield a step without manifest danger of his life or enormous bodily harm, and then in his defence he may kill his assailant instantly. And this is the doctrine of universal justice(j) as well as of the municipal law.
Página 84 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Página 85 - When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life, or commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was intended.
Página 22 - That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation...
Página 74 - I feel a sense of obligation towards my creditors ; who in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I did not think myself at liberty as a man of probity, lightly to expose them to this hazard, 4.
Página 84 - A man may repel force by force, in defence of his person, habitation or property, against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony, such as murder, rape, robbery, arson, burglary, and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger ; and if he kill him in so doing it is called justifiable self-defence...
Página 85 - That when the attack upon him is so sudden, fierce, and violent that a retreat would not diminish, but increase his danger, he may instantly kill his adversary without retreating at all.
Página 62 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Página 9 - ... contrary to the form of the act of the general assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania.
Página 84 - ... fist at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability of using actual violence against his person ; as by pointing a weapon at him within the reach of it.

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