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" ... deliberate act upon the same footing with regard to guilt. So, also, if a man be greatly provoked, as by pulling his nose, or other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no... "
The practice of courts-martial, also the legal exposition and military ... - Page 769
by William Hough - 1825
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Commentaries on the Laws of England: In Four Books, Volume 4

William Blackstone - Law - 1791 - 528 pages
...excufable fe de~ fendendo, fince there is no abfolute neceffity for doing it to* preferve himfelf ; yet neither is it murder, for there is no previous malice ; but it is manflaughter ?. But in this, and in every other cafe of homicide, upon provocation, if there be a fufikient...
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Commentaries on the Laws of England, Volume 4

William Blackstone - Law - 1800 - 620 pages
...not excufable fe itfindendo» fince there is no abfolute necefiity for doing it to preferve himfelf ; yet neither is it murder, for there is no previous malice ; but it is manflaughter J. But in this, and in every other cafe of homicide, upon provocation, if there be a fufficient...
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...

Thomas Oliver Selfridge - Murder - 1807 - 182 pages
...aggressor, though this is not excusable «• defendendo, since there is no absolute necessity for dding it to preserve himself; yet neither is it murder,...there is no previous malice ; but it is manslaughter." There is only one other definition, which I will trouble you, Gentlemen, to attend to in the opening...
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A Compendium and Digest of the Laws of Massachusetts, Volume 2, Part 2

Massachusetts, William Charles White - Law - 1810 - 202 pages
...great indignity, and immediately kills the aggressor, though this is not excusable in self-defence, since there is no absolute necessity for doing it...there is no previous malice ; but it is manslaughter. And in this, and in every other case of homicide upon provocation, if there be a sufficient cooling...
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The Office and Duty of a Justice of the Peace, and a Guide to Sheriffs ...

Henry Potter - Justices of the peace - 1816 - 474 pages
...not excusable &e -defendendo, since there is no absolute necessity fjpr doing it to,pre- • serve himself, yet neither is it murder, for there is no previous malice ; but it is manslaughter. 6ide, and reason to interpose, anql the person so provoked afterwards kills the other, this is deliberate...
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Trial of Robert M. Goodwin: On an Indictment for Manslaughter for Killing ...

Trials (Murder) - 1820 - 212 pages
...other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no absolute necessity for doing it...there is no previous malice ; but it is manslaughter. "- The second branch, or involuntary manslaughter, differs also from homicide excusable by misadventure,...
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The British Constitution, Or an Epitome of Blackstone's Commentaries on the ...

Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no absolute necessity for doing it...homicide upon provocation, if there be a sufficient cooling time for passion to subside, and reason to interpose, and the person so provoked afterwards...
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A Summary of the Law Relative to Pleading and Evidence in Criminal Cases ...

John Frederick Archbold - Criminal procedure - 1824 - 360 pages
...inflicted immediately upon the provocation being given ; for if there be a sufficient cooling :ime for a passion to subside and reason to interpose, and the...kills the other, this is deliberate revenge, and not the heat of blood, and accordingly amounts to murder. Fost. 296 So, if there be evidence of express...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 pages
...other great indignity, and immediately kill the aggressor ; though this is not excusable se defendendo, since there is no absolute necessity for doing it...but it is manslaughter. But in this, and in every wther case of homicide upon provocation, if there be a sufficient cooling time for passion to subside,...
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Commentaries on the laws of England. [Another], Volume 4

sir William Blackstone - Law - 1825 - 584 pages
...other great indignity, and immediately kills the aggressor, though this is not excusable se defondendo, since there is no absolute necessity for doing it...there is no previous malice ; but it is manslaughter y. But in this, and in every other case of homicide upon provocation, if there be a sufficient cooling-time...
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