Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 12

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Bancroft-Whitney Company, 1911 - Law reports, digests, etc
 

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Page 165 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 137 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 427 - Writs of error and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the supreme court of the United States...
Page 136 - Voluntary — upon a sudden quarrel or heat of passion. "(2) Involuntary — in the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection.
Page 130 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 186 - A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense ; and the corroboration is not sufficient, if it merely shows the commisison of the offense, or the circumstances thereof.
Page 284 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance; but it may be stated generally that the party duly performed all the conditions on his part...
Page 315 - A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate and allowable under subdivision g of section 57 of this Act; or (2) was purchased by or transferred to him after the filing of the petition...
Page 392 - STATE OF CALIFORNIA, County of Los Angeles— SS. On this day of , 1943, before me, , a Notary Public in and for said County and State, personally appeared , .known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF...
Page 273 - agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized.

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