Criminal Briefs

Criminal Briefs

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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. 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 more

Product details

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