 | Henry John Stephen, James Stephen - Law - 1883 - 734 pages
...expressly or impliedly, malicious. These, therefore, may suffice for a specimen : and we may take it for a general rule that all homicide is malicious, —...the command or permission of the law ; excused on account of accident or self-preservation in sudden quarrel ; or alleviated into manslaughter, by being... | |
 | William Blackstone - Law - 1885 - 626 pages
...of homicide, which have been adjudged either expressly, or impliedly malicious. It may be taken for a general rule that all homicide is malicious, and...some sudden and sufficiently violent provocation. All these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner... | |
 | Law reports, digests, etc - 1909 - 1164 pages
...— and the burden Is righteously upon him to show that it could not be avoided. "We may take it for a general rule that all homicide is malicious, and...or alleviated into manslaughter by being either the in volunta l'y conséquence of some act not strictly lawful, or (If voluntary) occasioned by some sudden... | |
 | Law reports, digests, etc - 1886 - 866 pages
...showing that he did it on a sudden provocation," etc. In 4 Bl. Com. 201, it is said: " We may take it for a general rule, that all homicide is malicious, and...course amounts to murder, unless where justified, excused, or alleviated into manslaughter; and all these circumstances of justification, excuse, or... | |
 | John C. Devereux - Law - 1891 - 432 pages
...to do another felony, and undesignedly kills a man ? — 201. It is murder. 80. May it be taken for a general rule that all homicide is malicious, and of course amounts to murder? — 201. Yes, it may ; unless where the homicide is justified by the command or permission of the law... | |
 | William Blackstone, William Cyrus Sprague - Law - 1893 - 558 pages
...expressly or impliedly malicious: these, therefore, may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and of course amounts to murdqj, unless where justified by the command or permission of the law, excused on the account of accident... | |
 | William Blackstone (Sir) - Great Britain - 1897 - 838 pages
...kill her, this is murder. What Constitutes Murder. As a general rule, all homicide is malicious, and amounts to murder, unless where justified by the command or permission of the law, excused on account of accident or self preservation, or alleviated into manslaughter, by either the involuntary... | |
 | William Blackstone, William Cyrus Sprague - Law - 1899 - 570 pages
...expressly or impliedly malicious : these, therefore, may suffice as a specimen ; and we may take it for a general rule that all homicide is malicious, and...on the account of accident or self-preservation, or alleiiated into manslaughter by being either the involuntary consequence of some act not strictly lawful,... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - Evidence (Law). - 1905 - 954 pages
...not indeed beyond that line, it is said in a recent text-book : "As a general rule it may be stated that all homicide is malicious, and, of course, amounts to murder, unless when justified, excused or alleviated. All these circumstances of justification, excuse or alleviation... | |
 | Law reports, digests, etc - 1906 - 1076 pages
...provocation," etc. Sir Wm. Blackstone, in his Commentaries (4 Bl Com. 201), said: "We may take It for a general rule that all homicide Is malicious, and,...course, amounts to murder, unless where Justified, excused, or alleviated into manslaughter; and all these circumstances of Justification, excuse, or... | |
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... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter,... 
