Select American Cases on the Law of Self-defenceSoule, Thomas & Wentworth, 1874 - 991 páginas |
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Termos e frases comuns
absence of malice accused admissible admitted adversary affray ante appear apprehension arrest asked assailant assault attack attempt Attorney-General blow bodily harm character charged the jury Chief Justice circumstances cited commit a felony common law counsel crime criminal criminal law deadly weapon death declared defendant defendant's delivered the opinion door evidence excusable homicide facts fear fendant fired force Garret Grainger guilty of murder Hays immediately imminent danger indicted inflicted instruction intention John Henson Judge judgment justifiable homicide killed the deceased knife law of self-defence malice malice aforethought manslaughter murder necessary necessity night offence party pistol plaintiff in error present previous threats principle prisoner prisoner's proof prove provocation purpose quarrel question reasonable ground refused retreat rule se defendendo second degree Selfridge Selfridge's shoot shot slayer spring-guns statute struck sufficient Supreme Court testified testimony threatened tion trespass trial unlawful verdict violence wife witness wound
Passagens mais conhecidas
Página 863 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Página 415 - ... it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Página 881 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Página 287 - ... when there shall be a reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished: or, 3.
Página 558 - If a person kill another in self-defence, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary...
Página 356 - Law, says, in the case of justifiable self-defence, the injured party may repel force with force, in defence of his person, habitation, or property, against one who manifestly intendeth and endeavoreth, with violence or surprise, to commit a known felony upon either. In these cases, he is not obliged to retreat, but may pursue his adversary, till he findeth himself out of danger, and if in a conflict between them he happeneth to kill, such killing is justifiable.
Página 520 - The court erred in overruling the defendant's motion for a new trial.
Página 514 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
Página 693 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit.
Página 862 - 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...