 | New York (State) - 1829 - 882 pages
...lawful act by lawful means with usual and ordinary caution, and without any unlawful intent : or, 2. By accident and misfortune, in the heat of passion,...advantage being taken, and without any dangerous weapon be- AaT- '• ing used, and not done in a cruel or unusual manner. v^vw $ 5. Whenever it shall appear... | |
 | New York (State) - 1829 - 878 pages
...lawful act by lawful means with usual and ordinary caution, and without any unlawful intent : or, 2. By accident and misfortune, in the heat of passion,...sufficient provocation, or upon a sudden combat, without anj undue advantage being taken, and without any dangerous weapon be- ART- '• ing used, and not done... | |
 | Oliver Lorenzo Barbour - 1841 - 834 pages
...lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent : or, 2. By accident and misfortune, in the heat of passion, upon any sudden and suffieient provocation, or upon a sudden combat, without any undue advantage being taken, and without... | |
 | Sir Matthew Hale - 1847 - 784 pages
...lawful act by lawful means with usual and ordinary caution, and without any unlawful intent; or, 2. By accident and misfortune, in the heat of passion,...dangerous weapon being used, and not done in a cruel or usual manner. Ste. 5. Whenever it shall appear to the jury, on the trial of any person indicted... | |
 | Sir Matthew Hale - 1847 - 774 pages
...lawful act by lawful means with usual and ordinary caution, and without any unlawful intent; or, 2. By accident and misfortune, in the heat of passion,...dangerous weapon being used, and not done in a cruel or usual manner. Sfc. 5. Whenever it shall appear to the jury, on the trial of any person indicted... | |
 | Oregon - 1855 - 670 pages
...without any unlawful intent ; or, 2. By accident and misfortune in the heat of passion, upon any sadden and sufficient provocation, or upon a sudden combat, without any undue advantage having been taken, and without any dangerous weapon being used, and not done in a cruel and unusual... | |
 | United States. Congress. Senate - 1856 - 886 pages
...unlawful intent; or, Second, in the heat of passion, upon any sudden or sufficient provocation, or upon sudden combat without any undue advantage being taken,...weapon being used, and not done in a cruel and unusual manner.* SKC. 6. Whenever it shall appear to any jury, upon the trial of any person indicted for murder... | |
 | John McNamara - 1856 - 252 pages
...unlawful intent ; or, Second, in the heat of passion, upon any sudden or sufficient provocation, or upon sudden combat without any undue advantage being taken,...weapon being used, and not done in a cruel and unusual manner. SEC. 31. If any negro or mulatto shall take away any white female under the age of eighteen... | |
 | Kansas - 1859 - 726 pages
...unlawful intent : or, Second, In the heat of passion, upon any sudden or sufficient provocation, or upon sudden combat without any undue advantage being taken,...weapon being used, and not done in a cruel and unusual manner. «t SEC. G. Whenever it shall appear to any jury, upon the trial mtbie of any person indicted... | |
 | Amasa Junius Parker - 1860 - 720 pages
...Court. THE PEOPLE v. PATRICK TANNAN. The statute declaring a homicide to be excusable " when committed upon a sudden combat, without any undue advantage...and without any dangerous weapon being used, and not doue in a cruel or unusual manner," is not applicable to a case where the deceased was killed by the... | |
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When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2. 
