Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 66

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 66

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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. 1910 edition. Excerpt: ...that says the rule emanates from it. i As to whether these presumptions are of law or fact, Mr. Bishop says the question cannot be regarded as settled. 2 Bish. New Crim. Law, section 673a et seq. 'l'he conclusions vary throughout the several jurisdictions and even in the same jurisdiction. In State v. Dodds, 54 W. Va. 289, 297, Judge WARREN MILLER said, with the concurrence of the Court, the presumption of specific intent to take life is one of fact. I think the instruction, embodying the rule in question, was properly given. Its propriety depends upon the existence of evidence, tending to prove a malicious killing, not upon the definition or origin of the rule in any degree. Both at common law and under the statute, the infliction of death is evidence of malice. This evidence, though it may not be controlling, nor sufiicient, under the circumstances of the case, to sustain a verdict of guilty, will always justify the giving of such an instruction. State v. Taylor, 57 W. Va. 228. In that case we said:, "Whether these presumptions be regarded as matters of law or fact cannot affect the question under consideration. Even if presumptions of fact only, they are important elements of evidence which can be affirmatively and authoritively brought to the attention of the jury only by the action of the court. How else can they be proved? What document other than a law book will prove them? What witness can swear to them? Must they be brought into the case by the nrental operations and knowledge of the jurors only, unaided by rules and principles born of centuries of experience? Most assuredly not. Obviously the court may properly direct attention to them. Viewed in this light, the court says no more than that they are evidence, more

Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236808789
  • 9781236808783