Forms Of Instructions To Juries In Civil And Criminal Cases Including Approved Precedents

Author : De Witt Clinton Blashfield
Publisher : Rarebooksclub.com
ISBN 13 : 9781230111957
Total Pages : 372 pages
Book Rating : 4.1/5 (119 download)

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Download or read book Forms of Instructions to Juries in Civil and Criminal Cases; Including Approved Precedents written by De Witt Clinton Blashfield and published by Rarebooksclub.com. This book was released on 2013-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1903 edition. Excerpt: ...advantage be taken in the outset, and an occasion is not sought for the purpose of gratifying malice, and one seizes a weapon and strikes a deadly blow, it is regarded as homicide in the heat of blood, and though not excusable, it is not murder, but manslaughter only." Murder or manslaughter--Sudden combat. (1493) The court instructs that if two persons meet and hot words follow, and that is followed by a combat, which is calculated to stir the blood and arouse the passions, and that in the midst of that struggle, one takes the life of the other, such killing is manslaughter and not murder." Same--Weapon prepared in anticipation of combat. (1494) The court instructs that if the jury believe from the evidence that defendant and deceased mutually engaged in a personal combat without weapons, but that defendant in anticipation of such combat had without the knowledge of deceased provided himself with a deadly weapon and in the course of the combat so mutually agreed upon, did kill deceased by the use of such deadly weapon, the oflense is murder and not manslaughter." (1495) The court instructs the jury that although they A may believe from the evidence that the deceased took hold of the revolver of the defendant and a struggle took place between them, yet, if they further believe from the evidence that the defendant intended to shoot the deceased and was threatening to shoot the deceased, and to prevent such shooting by defendant deceased took hold of said revolver, and attempted to take it away from defendant, and in the struggle defendant, intending to shoot deceased, did shoot and kill him, the jury cannot find defendant guilty of manslaughter, but will be warranted in finding defendant guilty of murder in the second...