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action admitted alleged allowed amendment amount answer appear asked assigned authority bank believe bill bond called cause charge Charles claim complainant consideration considered contract corporation Counsel County death debt deceased decision deed defendant in error delivering dollars effect entitled Equity et al evidence excepted execution executor facts filed Georgia give given grant ground hands held Hunter intended interest issue Judge judgment Juror Jury Justices killing land Legislature lots Mitchell motion moved negroes º º objection opinion paid party person plaintiff in error possession present principle prisoner proceeding proof prove purchase question reason record refused requested residence rule Sheriff Statute sufficient suit Superior Court taken Term testimony thing tion trial tried true verdict Walker whole witness
第446页 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
第446页 - A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
第94页 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
第443页 - A criminal offense consists in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence.
第328页 - ... is to be performed, an action may be brought for the money or for not doing such other act before performance: for it appears that the party relied upon his remedy and did not intend to make the performance a condition precedent...
第444页 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
第295页 - In witness whereof, we have hereunto set our hands and affixed our seals, the day and year above written.
第445页 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
第445页 - When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or, 3.