The Trial of Mungo Campbell Before the High Court of Justiciary in Scotland Fo

Cover The Trial of Mungo Campbell Before the High Court of Justiciary in Scotland Fo
The Trial of Mungo Campbell Before the High Court of Justiciary in Scotland Fo
Mungo Campbell
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obfervation or two in confirmation of the dodlrine on this point maintained for Finhaven : The firft is, that it is, ot to be fuppofed, that the law delivered to Mofes would have been at fo much pains to explain and declare in fo many different paflages, by a variety of illuftrations and examples, that homicide, altogether accidental or cafual, was not punifhable with death, for that is a propofition perfectly clear and indifputable. It is only homicide arifmg from [ 3' 3 from provocation thatc...ives rife to queflions of *any difEculty. 'idly. T*he panel would obferve, that it is proved clearly by thecloieof the paffage above quoted from the book of Num- bers, that provocation was fufHcierit to jnftify, at leaft ex- cufe homicide. Ic is exprefiy laid down in verfe 27th, That if the revenger of blood (hall find the flayer without the borders of the city of refuge, and kill him, he (hall not l> guilty of blood, which evinces, that the cccafioning the death of his Icinfrmn, though by accident, was provo- cation fufficient to jultify or excufe the revenger of blood for putting the flayer to death, not only immediately after the flaughter, while his heart was hot '(as exprefled in verfe 6th of the firft paflage), but ex-inlervallo, and at a very great dittance of time.

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