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" It should be remembered that the person sheltering himself under this plea of provocation must make out the circumstances of alleviation to the satisfaction of the court and jury unless they arise out... "
Reports of Cases Argued and Determined in the Supreme Court And, at Law, in ... - Page 60
by New Jersey. Supreme Court - 1919
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A Treatise on Crimes and Indictable Misdemeanors, Volume 1

William Oldnall Russell - 1826 - 828 pages
...some act performed without lawful authority. SECT. T. Cases of Provocation. Whenever death ensues from sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity ; and the offence will be manslaughter, (g)...
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Principles of the Criminal Law of Scotland

Archibald Alison - 1832 - 696 pages
...which they consider as the latter crime, with us amount to murder. Whenever death with them ensues from a sudden transport of passion, or heat of blood, upon a reasonable provocation, the offence is considered as manslaughter.1 Thus even threatening words will be held as sufficient...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 810 pages
...mitigated degrees of manslaughter, and the punishment was merely nominal. (<n) Whenever death ensues from sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity, and therefore excusable in the eye of the...
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A Treatise on Crimes and Misdemeanors, Volume 1

Sir William Oldnall Russell - 1843 - 1122 pages
...Words of provocation. Provocation by assault. Cases of Provocation. Whenever death ensues from the sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity ; and the offence will be manslaughter, (g)...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1849
...Russell 616 ; 1st Hale 45 li. Copeland vs. Tlie State, 7 Humph. R. 494. Whenever death ensues from a sudden transport of passion or heat of blood upon a reasonable provocation and without malice, it is solely imputable to human infirmity, and the offence will be manslaughter. 1 Russell 700 ; Steadman's...
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A Complete Practical Treatise on Criminal Procedure, Pleading, and Evidence ...

John Frederick Archbold - 1853 - 2864 pages
...Hawk. c. 31, sa. 34, 42. (b) 1 Hale, 473. Kitting under Provocation. [1] Whenever death ensues from the sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity; and the oflenee will be manslaughter. It should...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - 1868
...cruel and unusual manner.4 The general rule at common law was that, whenever death ensued from the sudden transport of passion or heat of blood, upon a reasonable provocation, it was considered as solely imputable to human infirmity, and the offence was manslaughter; for it...
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Select American Cases on the Law of Self-defence

L. B. Horrigan, Seymour Dwight Thompson - 1874 - 991 pages
...then he must be guilty of manslaughter or murder. 2. Manslaughter is where a person kills another upon a sudden transport of passion or heat of blood, upon a reasonable provocation and without malice ; as, for instance, such a sudden attack upon a man's person, that his mind becomes immediately inflamed,...
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The Criminal Law Consolidation and Amendment Acts of 1869, 32-33 ..., Volume 1

Canada, Sir Henri Elzéar Taschereau - 1874 - 1352 pages
...without lawful authority. — 1. Russ. loc. cit. CASES OF PROVOCATION. Whenever death ensues from the sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity : and the offence will be manslaughter. It...
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The Criminal Law Consolidation and Amendments Acts of 1869, 32 ..., Volumes 1-2

Canada - 1874
...without lawful authority.— 1. Russ. loc. cit. CASES OF PROVOCATION. Whenever death ensues from the sudden transport of passion, or heat of blood upon a reasonable provocation, and without malice, it is considered as solely imputable to human infirmity : and the offence will be manslaughter. It...
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