 | Ohio - 1878 - 618 pages
...the consideration of the jury. Upon this principle, in modern cases, it has been permitted to show that the accused was drunk when he perpetrated the...necessary to constitute murder in the first degree. (Pigman v. State, 14 Ohio, 555.) •Si; Intoxication. Malice; intoxication has no bearing on. — Evidence... | |
 | George Washington Field - Evidence, Expert - 1887 - 312 pages
...as anything else, showing the state of mind or degree of knowledge, should go to the jury. Upon this principle, in modern cases, it has been permitted...that it was done in a cool and deliberate state of mind necessary to constitute murder in the first degree." § 58. Delirium tremens as an excuse in criminal... | |
 | 1891 - 648 pages
...consider the evidence of intoxication as a circumstance to show that the act was not premeditated, and to rebut the idea that it was done in a cool and deliberate state of mind, necessary to constitute murder in the first degree. And unless the jury are satisfied beyond... | |
 | Criminal law - 1893 - 1170 pages
...as anything else showing the state of mind or degree of knowledge, should go to the jury. Upon this principle, in modern cases, it has been permitted...charge of passing counterfeit money, if the person is so drunk that he actually did not know that he had passed a bill that was counterfeit, he is not... | |
 | Law - 1898 - 1114 pages
...as any thing else showing the state of mind or degree of knowledge, should go to the jury. Upon this principle, in modern cases, it has been permitted...charge of passing counterfeit money, if the person is so drunk that he actually did uot know that he had passed a bill that was counterfeit, he is not... | |
 | Ohio, Moses Fleming Wilson - Criminal law - 1900 - 852 pages
...the consideration of the jury. Upon this principle, in modern cases, it has been permitted to show that the accused was drunk when he perpetrated the...necessary to constitute murder in the first degree. (Pigman v. State, 14 Ohio St. 555.) The other charges excepted to relate to the defense or effect of... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1910 - 1240 pages
...Eider the evidence of Intoxication as a circumstance to show that the act was not premeditated, and to rebut the idea that it was done in a cool and deliberate state of mind, necessary to constitute murder in the first degree. Smith v. State, 4 Neb. 277. 24. (1895.) In... | |
| |
... broken up by poison or intoxication, although to be punished, may to some extent be softened and set down to the infirmities of human nature. Hence — not regarding it as an aggravation — drunkenness, as anything else showing the state of mind... 