Sir John Kelyng's Reports of Crown Cases in the Time of King Charles Ii. [1662-1669]

Cover Sir John Kelyng's Reports of Crown Cases in the Time of King Charles Ii. [1662-1669]
Sir John Kelyng's Reports of Crown Cases in the Time of King Charles Ii. [1662-1669]
Great Britain. Court of King's Bench
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It is all one as if he had run him Stew! through with a Sword; and my Brother Morton adjudged Mur- faid he remembered a Cafe at Oxford Aflizes before b"* Y Cl Hu{ ' ) u ft ict J 011 ' 5 * thcn J ud g e of AJJize, where a Smith rnTycorreaT " efal 8 chiding with his Servant, upon fome crofs butthePefUe Anfwer given by his Servant, he having a piece wwnot an In- f hot Iron in his Hand, run it into his Servants correc^widud. 1 Belly, and it was judged Murder, and the Party i H. P. c. 457. executed.... And my Lord Bridgman faid, that in his £73- Circuit there was a Woman indiSed for murdering mpt * * 5# her Child, and it appeared upon the Evidence, that [65] Jhe kicked her and jlamped upon her Belly, and he judged it Murder : And my Brother Twifden faid, he ruled fuch a Cafe formerly in Gloucefter Circuit, for a piece 1 zi8 in other Editions.
3 There are various Editions of Dalton, and the Paging differs in moft, this is Chap. 93, and here Dalton puts a Quaere to this Cafe, cited in the Margin by the learned Editor, " Why it would be Murder, confidering there appearerh no " precedent Malice, and that it was done upon the fudden " and upon Provocation ?" But Dalton does not feem in this Quaere to have well underftood the true legal meaning of the Word Malice, which is well defended by Fofter 256, 257, 262.


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