Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 41

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... conflict in the authorities, the weight of authority and the better doctrine seems to be that "cooling time" is a question of law for the court, and not a question for the jury. "Ordinarily the sufficiency of the cooling time, and the sufficiency of the provocation, are respectively deemed questions of law, not of fact. But the time required to cool, for example, is sometimes, it is believed with great propriety, submitted to the jury."--2 Bishop's New Criminal Law, 713. "It is well settled that the question of cooling time is a question of law to be decided by the court, and not a question for the jury. But if such question is left to the jury, and they decide_ it as the court should, it will be but harmless error."--Hughes' Criminal Law, 4. "The court may, as a matter of law, instruct that the defendant had sufficient cooling time after being provoked to a heat of passion, where the evidence clearly warrants the instruction, and that in such case an unlawful killing would not be reduced to manslaughter."--Hughes' Instructions to Juries, 254. Numerous cases are cited by the authorities above quoted, many of which we have examined, and believe that the weight of authority is with the doctrine announced by the text writers above quoted from. Upon this subject, as a part of instruction 4, given by the court, the jury were told: "If one actually forms the purpose maliciously to kill a human being, and deliberates and premeditates upon it before performing the act, and then performs it, he is guilty of murder in the first degree, no matter how short the time may have been, if but the time necessary for one thought to follow another, between the purpose...show more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236969332
  • 9781236969330