I would never convict any person of murder or manslaughter, unless the fact were proved to be done, or at least the body found dead,(/) for the sake of two cases, one mentioned in my lord Coke's PC cap. The Quarterly Review - Page 1921818Full view - About this book
| Henry Roscoe, Herman Cohen - 1921 - 1368 pages
...statutory recognition of ' not proved,' see p. 403.) person of murder or manslaughter, unless tlie fact were proved to be done, or, at least, the body found dead.' 2 PC 290. So it is said by Blackstone, 4 Comm/ 359, 'all presumptive evidence of felony should be admitted... | |
| 1923 - 1208 pages
...how he came by them, unless there were due proof made that a felony had been committed. I would never convict any person of murder or manslaughter, unless...proved to be done, or at least the body found dead.' 1 Whart. Crim. Law, §§ 745. 746. A writer of standard excellence lins said: It may be doubted whether... | |
| 1880 - 546 pages
...Ir. LT Rep. 38, may be referred to, where, after citing Lord Hale's statement that he "would never convict any person of murder or manslaughter unless...proved to be done, or at least the body found dead," Fitzgerald, J., added : "This rule, which is one rather of judicial practice that part of the law of... | |
| 1896 - 582 pages
...evidence. Lord Hale said: "I would never convict any person of murder or manslaughter unless the tin were proved to be done, or at least the body found dead, for the sake of two cases, — one mentioned in mj Lord Coke's Pleas of the Crown (page 232, ch. 104), > Warwickshire case; another... | |
| Missouri. Supreme Court - 1928 - 876 pages
...how he came by them, unless there were due proof made that a felony had been committed. I would never convict any person of murder or manslaughter, unless...proved to be done, or at least the body found dead.' [1 Whart. Crim. Law, sees. 745-46.] A writer of standard excellence has said: 'It may be doubted whether... | |
| 1896 - 1224 pages
...proved, like any other fact, by presumptive or circumstantial evidence. Lord Hale said: "I would never convict any person of murder or manslaughter unless...least the body found dead, for the sake of two cases, — one mentioned in my Lord Coke's Pleas of the Crown (page 282, c. J04), a Warwickshire case; another... | |
| 1818 - 572 pages
...familiar to many of our readers. ' I would never (says Sir Matthew Hale) convict any person of murderor manslaughter, unless the fact were proved to be done,...uncle, (who was also her heir at law,) was overheard to say, ' Good uncle, do not kill me !' Very soon afterwards, the child disappeared; and the uncle, being... | |
| 1904 - 852 pages
...injustice. Sir Matthew Hale (2 Hale 290) laid it down as a definite rule "never to convict any one of murder or manslaughter unless the fact were proved to be done or at least the body found/' To show the necessity of such caution he cites cases in which, after prisoners had been executed for... | |
| Richard W. Bailey - 2003 - 324 pages
...Rulloffs behalf. citing the celebrated dictum of a British judge that "no person should be convicted of murder or manslaughter unless the fact were proved to be done. or at least the body be found dead." Spencer cited many American cases in which that principle had been applied, concluding... | |
| 1872 - 598 pages
...how he came by them, unless there was due proof made that a felony had been committed ; I would not convict any person of murder or manslaughter unless...fact were proved to be done, or at least the body was found dead." To call that a confession on which to base a conviction, when no crime had been committed,... | |
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