This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...of thenecessity. Here the jury must attend to this important distinction.f/Tbe argument of the defence is, that when the slayer is not in fault--is not fighting at the time, or has given up the fight--and then slays his adversar-, he is excusable as in self-defence/But though this may be the case, it is not always so. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...of thenecessity. Here the jury must attend to this important distinction.f/Tbe argument of the defence is, that when the slayer is not in fault--is not fighting at the time, or has given up the fight--and then slays his adversar-, he is excusable as in self-defence/But though this may be the case, it is not always so. Thej.rne?fiterion of-9-Ukefen(ie, in such a case, is. whether there existed juch a necessity for killing the adversary as required the slaver to dp it. in flt.ft.iuf. of his life or in the Dri-survation of his person from-great bodily barm. If a man approaches another with an evident intention of fighting him with his fists only, and where, under the circumstances, nothing would be likely to eventuate from the attack but an ordinary beating, the hw cannot recognize the necessity of taking life with a deadly weapon. Jin such a case it would be manslaughter; and if the deadly weaporpfras evidently usedjvith a murderous and badhearted intent, it would even be murder. (But a blow or blows are just cause of provocation/and if the circumstances indicated to the slat-era plain necessity of protecting himself from great bodily injury! pgij excusable (if he slays his assailant lu an honest purpose Dissaving himself frtfm this great harm.l The right to stand in self-defence without fleeing has been strongly asserted by the defence. It islcertainly true that every citizen may rightfully traverse the street, or may stand in all proper places, and need not flee from every one who chooses to assail him. Without this lorn our liberties would be worthless. Biit the lawaoes not aprjy Ahis riirlit to homicide. TUcjquestion here does not involve the right of merely ordinary defence, or the right to stand wherever he majiJcightfiilly-bA, hut if, mncrrng thr ...
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Fair. 2nd ed. Original cloth, very worn, front hinge cracked, underlining and notes inside. Brown cloth with red and black title boxes, gilt titles. Former owner signature FFEP. Criminal law casebooks in this country. U.S.A. DOMESTIC SHIPPING ONLY. 100% of this purchase will support literacy programs through a nonprofit organization!