A Treatise On the Law of Evidence Being a Consideration of the Nature And Gener

Cover A Treatise On the Law of Evidence Being a Consideration of the Nature And Gener
A Treatise On the Law of Evidence Being a Consideration of the Nature And Gener
Elliott, Byron K. (Byron Kosciusko), 1835-1913
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197, 46 N. W. 601; State V. Musick, 101 Mo. 260, 14 S. W. 212.
^= State V. Brown, 12 Minn. 538; Green v. State, 28 Miss. 687; Davis V. State, 51 Neb. 301, 70 N. W. 984; State V. Knight, 43 Me. 11; Brown V. State, 62 N. J. L. 666, 42 Atl. 811; State V. Lambert, 93 N. Car. 618; Lewis V. State, 90 Ga. 95, 15 S. E. 697; Boyd v. State, 28 Tex. App. 137, 12 S. W. 737.
'^ Commonwealth v. Webster, 5 Cush. (Mass. ) 295, 52 Am. Dec. 711; State V. Hockett, 70 Iowa 442, 30 N. W. 742, 4 L. R. A. 298; Hadley
... v. State, 55 Ala. 31; Harkness v. State, 129 Ala. 71, 30 So. 73; State v. Da- vis, 9 Houst. (Del. ) 407, 33 Atl. 55; Jackson v. State, 53 Ga. 195; Hanye v. State, 99 Ga. 212, 25 S. E. 307.
^*See, State v. Curtis, 70 Mo. 594; State V. Evans, 124 Mo. 397, 28 S. W. 8; McDermott v. State, 89 Ind. 187; Friederich v. People, 147 111. OiO, 35 N. E. 472; Murphy v. State, 31 Ind. 511; Holland v. State, 12 Fla. 117.
^= Dejarnette v. Commonwealth, 75 Va. 867.
297 PRESUMPTIONS — MALICE. [§ 3017.
likewise said that malice is implied by law from any deliberate aod cruel act committed by one person against another.^*' That is, malice is presumed in all cases of deliberate homicide not done in the heat of passion.^^ And a presumption of malice arises upon proof that a killing was wilful, premeditated and deliberate.^® So where no ex- press malice is shown, yet, if the killing was done under circumstances of cruelty and malignity, it is said that the law presumes malice.^^ Again, it is said that malice is presumed from a deliberate injury to another, or from tlie use of a deadly weapon, resulting in another's death.


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