Reports of Cases Decided in the Court of Oyer and Terminer and the Court of General Sessions of the Peace and Jail Delivery of the State of Delaware |
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Common terms and phrases
accused afterwards alleged arrest assault blow bodily harm breaking and entering Castle County charged the jury circumstances proved Comegys committed with express common law constitute contemplation of law convicted Court of Oyer crime of manslaughter crime of murder criminal deadly weapon defense deliberate mind delirium tremens dence dollar note door evidence excuse express malice aforethought facts and circumstances felony fired formed design Gilpin Greenl guilty of murder hand heat of blood homicide implied by law implied malice indicted and tried insanity Kent County killed the deceased knife Mackey McGaughey mind and formed morning murder with express negro night nolle prosequi o'clock offense Oyer and Terminer party peace perpetrate pistol pris prisoner prisoner's proof provocation reasonable doubt reduce replied satisfied second degree self-defense shoot shot slayer statute sufficient Sussex County term Terminer held testified testimony tion trial verdict violence voluntary manslaughter Whart Wilmington witness wound
Popular passages
Page 176 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Page 318 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 318 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Page 299 - Express malice is when one, with a sedate deliberate mind and formed design, doth kill another : which formed design is evidenced by external circumstances discovering that inward intention; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm.
Page 289 - ... or beating him, or that he will procure others so to do, he may demand surety of the peace against such person ; and every justice of the peace is bound to grant it, if he who demands it will make oath that he is actually under fear of death or bodily harm, and will...
Page 395 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 160 - the wrongful or fraudulent taking and carrying away by any person of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Page 300 - And if a man kills another suddenly, without any or without a considerable provocation, the law implies malice ; for no person, unless of an abandoned heart, would be guilty of such an act upon a slight or no apparent cause.
Page 188 - It Is the Impression of almost Immediate dissolution, and not the rapid succession of death. In point of fact, that renders the testimony admissible.
Page 175 - ... partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.