If a man be desperately assaulted and in peril of death, and cannot otherwise escape unless, to satisfy his assailant's fury, he will kill an innocent person then present, the fear and actual force will not acquit him of the crime and punishment of murder,... The Common Law of England - Stran 123avtor: William Blake Odgers, Walter Blake Odgers - 1920 - 1584 straniCelotni ogled - O knjigi
| Matthew Hale, Sir Matthew Hale - 1800 - 686 strani
...innocent perfon then preftnt, the fear and aclual force will not acquit him of the crime and punifhment of murder, if he commit the fact; for he ought rather to die himfelf, than kill an innocent: but if be cannot otherwife fave his own life, the law permits him in... | |
| 1842 - 432 strani
...beyond which, certainly, no one can rightfully go. It is laid down by Lord Chief Justice Hale, that, " if a man be desperately assaulted, and in peril of...and punishment of murder, if he commit the fact."* Such, undoubtedly, would be the rule of law, at least if the party were so far self-possessed, as to... | |
| Sir Matthew Hale - 1847 - 784 strani
...of justice for a writ or precept de securitate pacis.(d) Again, if a man be desperately assualted, H j Г J伭 GH BX 9e e ( z t5 (d UCU g R HO P L ,i ... v 4~" | - k " _j GC Fh % Xl n ? l lie ought rather to die himself, than kill an innocent : but if he cannot otherwise save his own life,... | |
| Sir Matthew Hale - 1847 - 764 strani
...unless he will commit an act of treason, Sfc. fear of death does not excuse him, and why. ib. If one be desperately assaulted, and in peril of death, and...satisfy his assailant's fury he will kill an innocent man then preseut, fear and actual force will not acquit him of murder, if he do the fact. id. A bare... | |
| 1885 - 544 strani
...in which he deals with the exemption created by compulsion or necessity, he thus expresses himself: "If a man be desperately assaulted and in peril of...present, the fear and actual force will not acquit of the crime and punishment of murder if he commit the act. for he ought rather to die himself than... | |
| India - 1874 - 656 strani
...committal of any crime except murder. In tlao last named case, Lord Halo lays it down that, " If a man bo desperately assaulted, and in peril of death, and...present, the fear and actual force will not acquit him of that crime and punishment of murder, if he commit tho fact ; for he ought rather to die himself than... | |
| Samuel Prentice - 1882 - 404 strani
...desperately assaulted and on point of death, and cannot otherwise escape, unless to satisfy his assailants' fury he will kill an innocent person then present,...innocent ; but if he cannot otherwise save his own life, PART I. the law permits him, in his own defence, to kill the assailant. ~ There may be, however, cases... | |
| 1885 - 544 strani
...necessity, he thus expresses himself: "If & шаи be desperately assaulted and in peril of death, »ud cannot otherwise escape, unless to satisfy his assailant's...will kill an innocent person then present, the fear aud actual force will not acquit of the crime and punishment of murder if he commit theact> for he... | |
| 1886 - 640 strani
...to us at once dangerous, immoral and opposed to all legal principle and analogy." Lord Hall says : If a man be desperately assaulted, and in peril of...acquit him of the crime and punishment of murder, for he ought rather to die himself than to kill an innocent man." "It is therefore" says the court,... | |
| Edward William Cox - 1886 - 918 strani
...which he deals with the exemption created by compulsion or necessity, he thus expresses himself: " If a man be desperately assaulted, and in peril of...otherwise escape, unless to satisfy his assailant's fury ho will kill an innocent person then present, the fear and actual force will not acquit him of the... | |
| |