Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker, Esquire: For Killing Charles Austin, on the Public Exchange, in Boston, August 4th, 1806Russell and Cutler, Belcher and Armstrong, and Oliver and Monroe, 1807 - 168 páginas |
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Página 11
... considers that species which consists in self - defence . " Homicide in self - defence or se defendendo , upon a sudden affray , is also excusable rather than justifiable , by the English law . This species of self - defence must be ...
... considers that species which consists in self - defence . " Homicide in self - defence or se defendendo , upon a sudden affray , is also excusable rather than justifiable , by the English law . This species of self - defence must be ...
Página 21
... for fighting ; or that if he should fight at present , he should have the disadvantage by reason of the height of his shoes , & c . ” D These are the cases and principles which I consider to TRIAL OF T. O. SELFRIDGE , ESQ . · 21.
... for fighting ; or that if he should fight at present , he should have the disadvantage by reason of the height of his shoes , & c . ” D These are the cases and principles which I consider to TRIAL OF T. O. SELFRIDGE , ESQ . · 21.
Página 22
... consider to have a direct referenee to the nature of the cause you have to determine . I have now stated the facts , and the only remaining duty for me to perform is to call the witnesses to prove them . But before I do that , I will ...
... consider to have a direct referenee to the nature of the cause you have to determine . I have now stated the facts , and the only remaining duty for me to perform is to call the witnesses to prove them . But before I do that , I will ...
Página 31
... consider my . self as pledged to receive any other of previous circumstances . The objection made , goes to confine the knowledge of the jury to the circumstances which took place at the very instant . Though the fact itself may , if ...
... consider my . self as pledged to receive any other of previous circumstances . The objection made , goes to confine the knowledge of the jury to the circumstances which took place at the very instant . Though the fact itself may , if ...
Página 48
... consider homicide se defendendo , which seems to be where one , who has no other possible means of preserving his life from one who combats with him on a sudden quarrel , or of defending his per son from one who attempts to beat him ...
... consider homicide se defendendo , which seems to be where one , who has no other possible means of preserving his life from one who combats with him on a sudden quarrel , or of defending his per son from one who attempts to beat him ...
Outras edições - Ver tudo
Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ... Thomas Oliver Selfridge Visualização de excertos - 1807 |
Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ... Thomas Oliver Selfridge,Thomas Lloyd,George Caines Visualização de excertos - 1807 |
Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ... Thomas Oliver Selfridge,Thomas Lloyd,George Caines Visualização de excertos - 1807 |
Palavras e frases frequentes
4th of August affault affray afterwards againſt appear assailant assault attack Attorney authorities becauſe blood blow Branch Bank cafe called cane chance medley charge Charles Austin circumstances combat common law conversation Copp's Hill counsel Court crime danger death deceased defendant Defendant's defendendo Dexter Duncan Ingraham duty evidence excusable homicide faid Fales felony fhall fhould fuch gentlemen Gore hand heard himſelf honor indictment injury intention ISAAC PARKER James Richardson Jury justice justifiable justifiable homicide Lemuel Shaw malice malice aforethought manner manslaughter Mawgridge Medford mentioned muſt nature neceffity observed offence opinion Parker person pistol was discharged pistol was fired pocket principles prove provocation quarrel recollect retreat se defendendo self-defence Selfridge's name shew side walk State-street street struck sudden testimony theſe thing tion told Townsend's trial unlawful violent weapon Welsh witnesses young Austin
Passagens conhecidas
Página 28 - England, that no man is to be brought into jeopardy of his life more than once for the same offence.
Página 2 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Página 121 - ... for it may be so fierce as not to allow him to yield a step, without manifest danger of his life, or enormous bodily harm ; and then in his defence he may kill his assailant instantly. And this is the doctrine of universal justice, as well as of the municipal law.
Página 143 - Also in many cases where no malice is expressed, the law will imply it : as where a man wilfully poisons another, in such a deliberate act the law presumes malice, though no particular enmity can be proved. And if a man kills another suddenly, without any, or without a considerable provocation, the law implies malice ; for no person, unless of an abandoned heart, would be guilty of such an act upon a slight or no apparent cause.
Página 110 - Thus, if one shoots at A and misses him, but kills B, this is murder, because of the previous felonious intent, which the law transfers from one to the other.
Página 7 - Then the indictment was read, which set forth that the prisoner "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 143 - But if the person so provoked had unfortunately killed the other by beating him in such a manner as showed only an intent to chastise and not to kill him, the law so far considers the provocation of contumelious behaviour as to adjudge it only manslaughter, and not murder.
Página 143 - ... malice. And, if two or more come together to do an unlawful act against the king's peace, of which the probable consequence might be bloodshed, as to beat a man, to commit a riot, or to rob a park : and one of them kills a man ; it is murder in them all, because of the unlawful act, the malitia prcecogitata or evil intended before-hand.
Página 113 - ... exhort him to overcome his prejudices, is like telling a blind man to see. He may be disposed to overcome them, and yet be unable because they are unknown to himself. When prejudice is once known, it is no longer prejudice, it becomes corruption ; but so long as it is not known, the possessor cherishes it without guilt ; he feels indignation for vice, and pays homage to virtue ; and yet does injustice. It is the apprehension that you may thus mistake, that you may call your prejudices principles,...
Página 12 - Felonious homicide is an act of a very different nature from the former, being the killing of a human creature, of any age or sex, without justification or excuse.