 | Thomas Oliver Selfridge - Murder - 1807 - 182 pages
...expressly or impliedly malicious. These therefore may suffice as a specimen ; and we may take it for a general rule that all Homicide is malicious, and...of the law ; excused on the account of accident or self preservation ; or alleviated into manslaughter by beir£ the involuntary consequence of some act,... | |
 | Massachusetts, William Charles White - Law - 1810 - 202 pages
...impliedly malicious : these, therefore, may suffice as a spc688 HOMIC'DE. cimen ; and we may take it for a general rule, that all homicide is malicious, and...some sudden and sufficiently violent provocation. VIII. Of the proof and the punishment. 1 . The proof. On every charge of murder, the fact of killing... | |
 | Sir William Blackstone - Law - 1825 - 576 pages
...expressly, or impliedly, malicious : these therefore may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and...self-preservation ; or alleviated into manslaughter, by being ekher the involuntary consequence of some act, not strictly lawful, or (if voluntary) occasioned by... | |
 | Scotland. High Court of Justiciary, David Syme - Criminal law - 1829 - 472 pages
...malicious, and amounts to murder, unless when justified by the command or permission of the law; excused on account of accident or self-preservation ; or alleviated...some sudden and sufficiently violent provocation.' (B. iv. c. 141.) But can the present case be reduced even to this definition ? —Was it the involuntary... | |
 | Thomas Curtis - Aeronautics - 1829 - 820 pages
...the cause of death, it seems it is not homicide. As a general rule all homicide is ' malicious,' and amounts to murder, unless where justified by the command or permission of the law, excused on account of accident or self-preservation, or alleviated into manslaughter by being either the involuntary... | |
 | William Blackstone - Law - 1836 - 704 pages
...expressly, or impliedly, malicious : these therefore may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and...by some sudden and sufficiently violent provocation (53). And all these circumstances of justification, excuse, or alleviation, it is incumbent upon the... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 772 pages
...malicious, and consequently to amount to murder, unless where it appears upou evidence to be either justified by -the command or permission of the law...some sudden and sufficiently violent provocation. 4 Bl. Com. 201. Post. 255. The crime of murder is felony without benefit of clergy, (stats. 23 H. 8.... | |
 | Oliver Lorenzo Barbour - Criminal law - 1841 - 834 pages
...excusable or justifiable homicide, according to the facts and circumstances of each case. (6) It aa general rule that all homicide is malicious, and of...of the law ; excused on the account of accident or self preservation ; or alleviated into manslaughter, by either being the involuntary consequence of... | |
 | Peter Burke - Criminal law - 1844 - 294 pages
...presumed to be malicious, until the contrary appear upon evidence, that it amounts to murder, unless when justified by the command or permission of the law...some sudden and sufficiently violent provocation, we shall SENTENCES. Same sentence as the preceding. 7 W. 4. & 1 V. c. 22. s. 3. include, under this... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1878 - 738 pages
...writers and adjudications on criminal law. Sir Win. Blackstone (4 Com. 201) says: "We may take it for a general rule, that all homicide is malicious, and, of course, amounts to murder, unless when justified, excused, or alleviated into manslaughter ; and all these circumstances of justification,... | |
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... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter,... 
