 | Henry Roscoe - 1840 - 908 pages
...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 presumes the fact to be founded in malice, until the contrary appears." Foster, 255 ;.... | |
 | Francisco Ferreira Santa Serva (defendant.), William Bassett Hewson - 1846 - 180 pages
...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 fact to have been founded in malice, until the contrary appeareth." The fact... | |
 | Alabama. Supreme Court - 1878 - 738 pages
...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 fact to have been founded in malice, until the contrary appeareth ; and very... | |
 | John White Webster, George Bemis - 1850 - 660 pages
...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." (Sect. 12.) " Whenever death ensues from sudden transport of passion or heat of blood, if upon a reasonable... | |
 | John White Webster, James Winchell Stone - 1850 - 340 pages
...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. But it is intended here only to speak of the more deliberate and depraved species of that offence,... | |
 | Jacob D. Wheeler - 1851 - 704 pages
...all circumstances relied on in justification, excuse, or mitigation are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him. It is contended, that there, are circumstances of such description in this case. You have heard them... | |
 | Massachusetts. Supreme Judicial Court - 1853 - 702 pages
...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." ยง 12. " Whenever death ensues from sudden transport of passion or heat of blood, if upon a reasonable... | |
 | John Frederick Archbold - 1853 - 1006 pages
...proved, all tho 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 biw presumeth tlie fact to have been founded in malice, until the contrary appenreth." In the... | |
 | Edmund Hatch Bennett, Franklin Fiske Heard - 1857 - 642 pages
...appear ; and 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. Upon the truth of these facts, so alleged, the jurv alone are to decide ; but whether, taking them... | |
 | Theodore Thring - 1861 - 416 pages
...therefore, all circumstances alleged by way of justification, excuse, or alleviation, must be proved by the prisoner, unless they arise out of the evidence produced against him. 4 It is a prima facie presumption of law that a person under the age of fourteen is not guilty of a... | |
| |
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... 
