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" When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life, or commit any felony upon his person, the killing the assailant will be excusable homicide, although it should afterwards appear that... "
Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ...
by Thomas Oliver Selfridge, Thomas Lloyd, George Caines - 1807 - 168 pages
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A Treatise on Crimes and Misdemeanors, Volume 1

William Oldnall Russell - Criminal law - 1824 - 594 pages
...adversary without retreating at all." " Thirdly. When (rom the nature of the attack, there is reasonable ground to believe that there is a design to destroy...these three propositions, the last is the only one that will be doubted any where ; and this will not be doubted by any who are conversant in the principles...
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The North American Review, Volume 57

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1843 - 556 pages
...from the nature of the attack there is reasonable ground to believe that there is a design to take his life or commit any felony upon his person, the...should afterwards appear that no felony was intended. To illustrate this principle, take the following case. A., in the peaceful pursuit of his affairs,...
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A Full Report, Embracing All the Evidence and Arguments in the Case of the ...

Dueling - 1846 - 110 pages
...adversary without retreating at all. "Thirdly. When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...last is .the only one which will be contested any Vvhere ; and this will not be doubted by any who are , the grounds of apprehension, no danger ™.....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - Equity - 1849 - 680 pages
...attack there is reasonable ground to believe that there is a design to destroy life or to commit a felony upon his person, the killing the assailant...should afterwards appear that no felony was intended." To the same point is Level's case, 1 Hale, 42. In Rex vs. Seully, 1 Car. Ii P. 319, the Court say,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 5

Louisiana. Supreme Court - Law reports, digests, etc - 1851 - 838 pages
...to charge the jury, that "when, from the nature of the attack, there is reasonable ground to believe there is a design to destroy his life, or commit any felony upon his person, the killing of the assailant will be justifiable homicide, although it should afterwards appear that no felony...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 1

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1852 - 560 pages
...adversary without retreating at all. Thirdly: When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...or commit any felony upon his. person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 8

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1860 - 600 pages
...injury, nor danger that it would be done. " When from the nature of the attack, there is reasonable ground to believe that there is a design to destroy his life, or commit any felony on his person, the killing of the assailant will be excusable homicide, although it should afterwards...
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A Complete Practical Treatise on Criminal Procedure, Pleading and Evidence ...

John Frederick Archbold - Criminal law - 1853 - 1006 pages
...judge had before instructed the jury, that " when from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...or commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was...
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Memoir of Theophilus Parsons: Chief Justice of the Supreme Judicial Court of ...

Theophilus Parsons - Judges - 1859 - 514 pages
...adversary without retreating at all. Thirdly. When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...propositions, the last is the only one which will be contested anywhere ; and this will not be doubted by any who are conversant in the principles of criminal law....
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Memoir of Theophilus Parsons, Chief Justice of the Supreme Judicial Court of ...

Theophilus Parsons - History - 1861 - 500 pages
...adversary without retreating at all. Thirdly. When, from the nature of the attack, there is reasonable ground to believe that there is a design to destroy...excusable homicide, although it should afterwards appealthat no felony was intended. Of these three propositions, the last is the only one which will...
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