 ... 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...  A Compendium and Digest of the Laws of Massachusetts - Page 686by Massachusetts, William Charles White - 1810Full view - About this book
 | Law reports, digests, etc - 1886 - 866 pages
...contrary, by 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...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
...intends 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
...been adjudged either 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
...been adjudged either expressly or impliedly malicious : these, therefore, may suffice as a specimen ; and we may take it for a general rule that all homicide...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
...did it on a sudden provocation," etc. Sir Wm. Blackstone, in his Commentaries (4 Bl Com. 201), said: "We may take It for a general rule that all homicide...course, amounts to murder, unless where Justified, excused, or alleviated into manslaughter; and all these circumstances of Justification, excuse, or... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1214 pages
...that it was excusable — 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...unless where justified by the command or permission of law, excused on the account of accident or self-preservation, or alleviated into manslaughter by being... | |
 | Law reports, digests, etc - 1912 - 1172 pages
...been adjudged, either 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 murder, anlese where justified by the command or permission of the law; excused on the account of accident... | |
 | Joseph Henry Beale - Criminal law - 1915 - 1076 pages
...all the older writers and adjudications on criminal law.^'x Sir Wm. Blackstone (4 Com. 201) says: " We may take it for a general rule that all homicide is malicious, and, of course, amounts 10 murder, unless waen justified, excused, or alleviated into manslaughter ; and all these circumstances... | |
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