The Trials of Richard Smith As Principal, And Ann Carson, Alias Ann Smith, As Accessary, for the Murder of Captain John Carson, On the 20th Day of January, 1816, At a Court of Oyer And Terminer Held At Philadelphia, May, 1816, By the Judges of the Court O

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And it also appears, if thefe be entry made into a house and the person be shot, it shall be consi- dered manslaughter. The case cited by my colleague, of persons coming into a room in a public house as trespassers, also amounted only to manslaughter. Where tiiere are none of the circumstances of provocation, such as in the case of Richard Smith — where there is only indignity offered to the person, or a jostling against the wall, it is said by Hawkins, " some have thought it a killing in self ...defence, but he con- sidered it nothing but manslaughter." In Reason and Tranter's case, 1st Strange, 499, where " the defendants were officers of the sheriff of Middlesex y and had a warrant to arrest Mr. Lutterell for 10/. they ar- rested him coming out of his lodgings, whereupon he desired them to go back with him to his lodgings, and he would pay the money. They complied with this, and Reason went up "with him into the dining room, having sent Tranter to the attorney's for a bill of the charges.

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