This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ... 603. Question as to how far gun would scatter shot, being material, leave to test it at trial is discretionary, 163 U. S. 673, XII, 892. Homicide alleged by shooting and drowning, motion to ...
Paperback: 722 pages
Publisher: RareBooksClub.com (May 21, 2012)
Product Dimensions: 7.4 x 1.4 x 9.7 inches
Format: PDF ePub fb2 TXT fb2 ebook
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ict is properly denied when death not clearly from pistol shot alone, 170 U. S. 503, XII, 1048. Accused's testimony should not be negatived by hostile remarks of judge in charge, 160 U. S. 207, XII, 795. Election between connts Court may determine whether prosecution shall elect between two counts, differing only in stating manner of murder, 160 U. S. 356, XII, 804. Death by "shooting and drowning" does not require government to proceed in respect to one only, 170 U. S. 504, XII, 1048. Sufficiency of one count to sustain judgment. See Indictment and Information, VII. Qneatlona for Jury. Jury determines question of self-defense, 160 U. S. 216, XII, 796. Also question of justification, excuse, or action in hot blood, 150 U. S. 561, XII, 466. If no appreciable evidence of want of malice, question of manslaughter is for jury, 162 U. S. 316, XII, 850. Jury may consider blood stains, not satisfactorilv explained, in deciding fact of mrder, 162 U. S. 620, XII, 863. Variooa Instructions. Instruction to disregard evidence of deceased's quarrelsome nature, by witnesses admitting arrest for gambling and fighting, is error, 161 U. S. 90, XII, 822. Charge that presumption of inability to commit crime ceased at eleven years of age, held prejudicial to defendant of fourteen, 150 U. S. 559, XII, 466. Not error to charge that fact that man killed was white, might be shown by defendant's statements in connection with other circumstances, 159 U. S. 490, XII, 777. Charge defining term "insanity" held correct, 165 U. S. 378, XII, 937. Aa to self-defcnse. Charg...