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" 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... "
Register of Debates in Congress: Comprising the Leading Debates and ... - Page 1549
by United States. Congress - 1825
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 4

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890 - 658 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 formed in malice until the contrary appeareth ; and very...
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Thring's Criminal Law of the Navy: With an Introductory Chapter on the Early ...

Theodore Thring, Charles Edwin Gifford - Courts-martial and courts of inquiry - 1877 - 584 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.2 It is a primd facie presumption of law that a person under the age of fourteen is not guilty...
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Criminal Procedure, Or, Commentaries on the Law of Pleading and ..., Volume 2

Joel Prentiss Bishop - Criminal law - 1880 - 820 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 ; 3 for the law presumeth the fact to have been founded in malice, until the contrary appeareth."*...
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The Law of Homicide: Together with the Trial for Murder of Judge Wilkinson ...

Ambrose Bolivar Carlton - Homicide - 1882 - 424 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 Argument of thc 1'rosct.ucing Attorney. founded in m 'dice...
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The Pacific Reporter, Volume 6

Law reports, digests, etc - 1885 - 968 pages
...proved, all the circumstances of accident, necessity, or inliruiity 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 formed in malice, until the contrary appeareth, and very...
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Reports of Cases Argued and Determined in the Circuit Courts of ..., Volume 1

United States. Circuit Courts, Albert J. Brunner - Law reports, digests, etc - 1884 - 772 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...
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The Adjudged Cases on Insanity as a Defence to Crime: With Notes

John Davison Lawson - Insanity - 1884 - 1012 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...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 12

Law reports, digests, etc - 1885 - 1156 pages
...cire u ai stances 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. United States г'. Travers.* 2 Wheeler, 490. See § 603. §714. Dangerous weapou. — Incases of homicide...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 5

Law reports, digests, etc - 1885 - 1000 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 formed in malice, until the contrary appeareth, and very...
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The American Decisions: Containing All the Cases of General Value ..., Volume 80

Law reports, digests, etc - 1886 - 880 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...
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