Trial of Robert M. Goodwin: On an Indictment for Manslaughter for Killing James Stoughton ... in the City of New York ... 1819 ...

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G.L. Birch & Company, 1820 - Trials (Murder) - 192 pages
 

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Page 137 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another ; as by striking at him with, or without, a weapon ; or presenting a gun at him, at...
Page 126 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 48 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 14 - An indictment is a written accusation of one or more persons of a crime or misdemeanor, preferred to, and presented upon oath by, a grand jury.
Page 179 - But the true criterion between them seems to be this : when both parties are actually combating at the time when the mortal stroke is given, the slayer is then guilty of manslaughter ; but if the slayer has not begun...
Page 14 - ... as the presentment of a nuisance, a libel, and the like ; upon which the officer of the court must afterwards frame an indictment '', before the party presented can be put to answer it.
Page 10 - ... crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger ; nor shall any person be subject, for the same...
Page 180 - So, where a person does an act lawful in itself, but in an unlawful manner, and without due caution and circumspection, as when a workman flings down a stone or piece of timber into the street and kills a man, this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village where few passengers are, and he calls out to all people to have a care, it is misadventure only ; but if it were in London, or other...
Page 135 - To some purposes, you may be said, gentlemen, to be ministers of justice ; and " ministers," says a learned judge, " appointed for the ends of public justice, should have written on their hearts the solemn engagements of his majesty, at his coronation, to cause law and justice in mercy to be executed in all his judgments.
Page 180 - As to the first, or voluntary branch : if upon a sudden quarrel two persons fight, and one of them kills the other, this is manslaughter ; and so it is if they upon such an occasion go out and fight in a field ; for this is one continued act of passion...

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