Criminal Briefs

Criminal Briefs

By (author) 

List price: US$22.41

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1886 edition. Excerpt: ...of any kind, ought not to exceed the grade of manslaughter. But the law does not authorize the taking of life to prevent a mere trespass.' The following is said by Mr. Bishop in a note:6 "The doctrine, that passion, excited by a trespass to mere prop 1 State '0. Ferguson, 2 Hill, S. C., 619. 1 Hawk. P. C., page 101. 2 Bish., section 657, (note.) _ _ " 2 Bishop Cr. L. 658. 1 East P. C. 315, 352. In an old case the law was held different, saying " if any officer or any of his assistants be killed, it is murder," without this notice. See Young's case, 4 Co. 40a. 3 2 Bish, section 659. ' 4 2 Bish., sections 60, 633, 646. Holly o. The State, 10 Hump-. 141.. State o. Curry, 1 Jones, (N. C.) 280. 14 Misso. 409. State '0. Burwell, 63 N. C. 661. State o. Morgan, 3 Ire. 193. 3 Bla. Com. 4. State o. Scott, 4 Ire. 409. Harrison '0. State, 24 Ala. 67. Lander v. The State, 12 Tex. 462. Evans '0. The State, 44 Miss. 762. State 1: . Hays, 23 Mo. 287. State o. Baker, 1 Jones, 267. 5 Simpson '0. State, 59 Ala. 1., 62 Bish. Cr. L. 727, (note 1.) See a discussion of this question by the Supreme Court of Alabama. Carroll v. The State, 23 Ala 28, 36. It is there said: " The owner may resist the entry, but he may not kill, unless it be rendered necessary to prevent a felonious destruction of his property, or to defend himself against loss of life or great bodily harm. If he kills when there is not a reasonable danger to his person or property, it is manslaughter; and, if done with malice, express or implied, it is then murder." erty, can never reduce the killing with a deadly weapon to manslaughter, is too hard for human nature, and, though stated many times in the books, is not sufficiently founded in actual adjudication...show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236823311
  • 9781236823311