 If a man be desperately assaulted and in peril of death, and cannot otherwise escape unless, to satisfy his assailant's fury, he will kill an innocent person then present, the fear and actual force will not acquit him of the crime and punishment of murder,...  The Chicago Law Journal - Page 511886Full view - About this book
 | Theology - 1842 - 432 pages
...beyond which, certainly, no one can rightfully go. It is laid down by Lord Chief Justice Hale, that, " if a man be desperately assaulted, and in peril of...acquit him of the crime and punishment of murder, if he commit the fact."* Such, undoubtedly, would be the rule of law, at least if the party were so... | |
 | Sir Matthew Hale - Criminal law - 1847 - 774 pages
...of justice for a writ or precept de securitate pacis.(d) Again, if a man be desperately assualted, and in peril of death, and cannot otherwise escape,...acquit him of the crime and punishment of murder, if he commit the fact; for he ought rather to die himself, than kill an, innocent : but if he cannot... | |
 | Sir Matthew Hale - Pleas of the crown - 1847 - 784 pages
...of justice for a writ or precept de securitate pacis.(d) Again, if a man be desperately assualted, ice or justices of the peace, or by the sheriff of the c if he commit the fact; for lie ought rather to die himself, than kill an innocent : but if he cannot... | |
 | Sir Matthew Hale - Pleas of the crown - 1847 - 764 pages
...unless he will commit an act of treason, Sfc. fear of death does not excuse him, and why. ib. If one be desperately assaulted, and in peril of death, and...satisfy his assailant's fury he will kill an innocent man then preseut, fear and actual force will not acquit him of murder, if he do the fact. id. A bare... | |
 | Law - 1885 - 544 pages
...in which he deals with the exemption created by compulsion or necessity, he thus expresses himself: "If a man be desperately assaulted and in peril of...present, the fear and actual force will not acquit of the crime and punishment of murder if he commit the act. for he ought rather to die himself than... | |
 | India - Criminal law - 1874 - 656 pages
...committal of any crime except murder. In tlao last named case, Lord Halo lays it down that, " If a man bo desperately assaulted, and in peril of death, and...present, the fear and actual force will not acquit him of that crime and punishment of murder, if he commit tho fact ; for he ought rather to die himself than... | |
 | Samuel Prentice - Criminal law - 1882 - 402 pages
...desperately assaulted and on point of death, and cannot otherwise escape, unless to satisfy his assailants' fury he will kill an innocent person then present,...not acquit him of the crime and punishment of murder if he commit the fact ; for he ought rather to die himself than kill an innocent ; but if he cannot... | |
 | Law - 1885 - 544 pages
...necessity, he thus expresses himself: "If & шаи be desperately assaulted and in peril of death, »ud cannot otherwise escape, unless to satisfy his assailant's...will kill an innocent person then present, the fear aud actual force will not acquit of the crime and punishment of murder if he commit theact> for he... | |
 | Edward William Cox - Criminal law - 1886 - 918 pages
...which he deals with the exemption created by compulsion or necessity, he thus expresses himself: " If a man be desperately assaulted, and in peril of...otherwise escape, unless to satisfy his assailant's fury ho will kill an innocent person then present, the fear and actual force will not acquit him of the... | |
 | 1892 - 872 pages
...of death, and can not otherwise escape, except by killing an innocent person then present, the act will not acquit him of the crime and punishment of...ought rather to die himself than to kill an innocent." I « BOISLINIERE : CRANIOTOMY OB CLESAREAN SECTION. 215 4 In the case of two men on a plank at sea,... | |
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