The American Decisions: Cases of General Value And Authority ..., volume 81

Cover The American Decisions: Cases of General Value And Authority ..., volume 81
The American Decisions: Cases of General Value And Authority ..., volume 81
John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company
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As to what i^oyocaticn, and what degree of excitement or confusion of mind, wiU lednce a homicide to manslaughter, asweU as the nature of the droumstances which win render it excusable: Peopte y. lAUey, 43 Id. 527; Hwrd y. Peojpie, 25 Id. 412. And as to the distinction between ciyil and criminal cases in regard to legal presumptions: HamdUom y. Peofle, 29 Id. 193.
Thb pbingipal GA8I iB.DismrouiBHXD in Banker y. People, 87 Mich. 8, and the principle dedudUe therefrom stated to be that ''the pros
...ecutor in a criminal case is not at liberty, Uke a plaintiff in a ciyil case, to select out a part of an entire transaction which makes against the defendant^ and then to put the defendant to the proof of the other part, so long as it appears at aU probable from the eyidenoe that there may be any other part of the transac- tion nndiselosed; especially if it appears to the court that the eyidenoe of the other portion is attainable." It was further said that the case is "really aimed at a suppression of eyidenoe, and does not decide that all the wi tn esses to a transaction must necessarily be called by the proeeontioQ " : Id.; and oompare Hvrd y.

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