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Selected Cases on Criminal Law; Annotated, and Arranged with References to Clark's Handbook of Criminal Law

Selected Cases on Criminal Law; Annotated, and Arranged with References to Clark's Handbook of Criminal Law


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...to a class of cases which probably misled the judge in laying down the proposition before us, --in which circumstances apparently unimportant, but indicative of deliberation, have been thought to establish malice and repel the plea of human infirmity. The explanation given by the text writers will shew that the doctrine in these cases, although in some respects analogous to that which obtains in a killing upon legal provocation, is not identical with it. The general rule of law is that words of reproach, or contemptous gestures, or the like offences against decorum, are not a sufiicient provocation to free the party killing from the guilt of murder, where he useth a deadly weapon, or manifests an intention to do great bodily harm. This rule, however, does not obtain where because of such insuflicient provocation the parties become suddenly heated, and engage immediately in mortal combat, fighting upon equal terms. But deliberate dueling, if death ensue, however fairly the combat may be conducted, is, in the eye of the law, murder. The punctilios of false honour, the law regards as furnishing no excuse for homicide. He who deliberately seeketh the blood of another, in compliance with such punctilios, acts in open defiance of the laws of God and of the state, and with that wicked purpose which is termed "malice aforethought." While, therefore, because of presumed heat of blood, the law extenuates into manslaughter a killing upon such sudden. reucounoer. although proceeding upon an insuflicient provocation, it withholds this indulgence when, from the circumstances o'f the case, it can be collected that, not heated blood, but a settled purpose to vindicate offended honour, even unto slaying in defiance of law, was the actual...


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Product Details
  • ISBN-13: 9781130484205
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 382
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1130484203
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 680 gr


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Selected Cases on Criminal Law; Annotated, and Arranged with References to Clark's Handbook of Criminal Law
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