 | Sir Matthew Hale - 1847 - 774 σελίδες
...trial of an indictment for mnrder, the killing is proved to have been, committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an act of murder, and proof of matter of excuse or extenuation lies on the defendant.... | |
 | Sir Matthew Hale - 1847 - 784 σελίδες
...the trial of an indictment for murder, the killing is proved to have been committed by the defendant, )K! T[ VH $E 5 xB P " jL>m # M 6 עj k U was malicious, and an act of murder, and proof of matter of excuse or extenuation lies on the defendant... | |
 | Illinois. Supreme Court - 1872 - 634 σελίδες
...York's case, 9 Met. 93, is, that where the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an 'act of murder. Possession of the fruits of crime, recently after its commission,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 σελίδες
...reply, among other things, "that the rule of law is, when the fact of killing is proved to have been committed by the accused, and nothing further is shown,...law is that it is malicious, and an act of murder, and that the proof of matter of excuse or extenuation lies on the accused ; * * * but when there is... | |
 | Simon Greenleaf - 1866 - 756 σελίδες
...doctrine of York's case is, that where the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is that it was malicious and an act of murder ; and that it was inapplicable to a case where the circumstances... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 1310 σελίδες
...the trial of an indictment for murder, the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an act of murder, and proof of matter of excuse or extenuation lies on the defendant... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 652 σελίδες
...the trial of an indictment for murder, the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an act of murder, and proof o " matter of excuse or extenuation lies on the defendant.... | |
 | Massachusetts. Supreme Judicial Court - 1869 - 668 σελίδες
...doctrine of York's cane was that where the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is that it was malicious and an act of murder ; and that this was inapplicable to the present case, where the... | |
 | Francis Wharton - 1874 - 834 σελίδες
...doctrine of York's case was, that where the killing was proved to have been committed by the defendant and nothing further is shown, the presumption of law is that it was malicious, and hence murder, but that this was inapplicable to the case where the circumstances... | |
 | Isaac Grant Thompson - 1874 - 820 σελίδες
...Ch. J. SHAW stated it : " That where the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is that it was malicious, and an act of murder." That meaning is made palpable and is illustrated by the same... | |
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When, on the trial of an indictment for murder, the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an act of murder... 
