Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 46

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 46

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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. 1880 edition. Excerpt: ...entitled "Ray's Medical Jurisprudence of Insanity," containing the author's opinion and views on the subject of moral insanity. To this the Attorney for the State objected, on the ground that it was but an opinion of the author as an expert, not under oath, and not subject to crossexamination, and the court sustained the objection. The counsel for the prisoner also in his argument proposed to read to the jury the entire case of The State v. Andersen, 43 Conn. R., 514. Objection was made by the Attorney for the State to the reading of the facts in the case, as the same might tend to confuse the jury and divert their minds from the facts in the case on trial. The court sustained the objection, but gave permission to counsel to read from the opinion of the court in that case upon any question of law therein contained having any application whatever to the case on trial, and thereupon the counsel for the prisoner did read to the jury such portions of the opinion as they chose to read, except the statement of facts contained in the opinion. To this ruling of the court the counsel for the prisoner excepted. The Attorney for the State claimed that in every charge of murder, the fact of killing being first proved, the law implies malice. But the counsel for the prisoner claimed that under the statute, to obtain a conviction of murder in the first degree, malice must be proved, and that malice could not be implied from the killing alone. The court charged the jury as follows: "The killing must be with malice aforethought. Malice may be implied from the killing and the circumstances surrounding the act, so that it is not necessary that the state should prove malice by direct evidence. If a willful, deliberate and...show more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123682685X
  • 9781236826855