Trial of Matt. F. Ward: For the Murder of Prof. W.H.G. Butler, Before the Hardin Criminal Court, April Term 1854

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Morton & Griswold, 1854 - 174 páginas
 

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Página 77 - Self-defence, therefore, as it is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the law of society. In the English law particularly it is held an excuse for breaches of the peace, nay, even for homicide itself: but care must be taken that the resistance does not exceed the bounds of mere defence and prevention: for then the defender would himself become an aggressor.
Página 76 - The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in his person or property, it is lawful for him to repel force by force; and the breach of the peace which happens is chargeable upon him only who began the affray.
Página 62 - It is for the accused to show any matter of justification or excuse." 2d. Proposition — Roscoe's Criminal Evidence, 651. .The malice necessary to constitute the crime of murder, is not confined to an intention to take away the life of the deceased, but includes an intent to do any unlawful act which may probably end in depriving the party of life.
Página 76 - The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.
Página 77 - For the law in this case respects the passions of the human mind, and (when external violence is offered to a man himself, or those to whom he bears a near connection) makes it lawful in him to do himself that immediate justice to which he is prompted by nature, and which no prudential motives are strong enough to restrain.
Página 77 - It considers that the future process of law is by no means an adequate remedy for injuries accompanied with force; since it is impossible to say to what wanton lengths of rapine or cruelty outrages of this sort might be carried unless it were permitted a man immediately to oppose one violence with another.
Página 7 - Craig) resisted the motion, but the Judge decided that the change asked for should be granted; and as affidavits by citizens of Oldham and Shelby counties were introduced by defendant's counsel to show that a fair and impartial trial could not be had in either of them, Judge Bullock decided that the case should go to Hardin.
Página 76 - Next to personal security, the law of England regards, asserts, and preserves, the personal liberty of individuals. This personal liberty consists in the power of loco-motion, of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law.
Página 119 - I am the Rider of the wind, The Stirrer of the storm; The hurricane I left behind Is yet with lightning warm...
Página 12 - If you find him not guilty, you will say so, and no more.

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