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1827 July 10.
Penal Code
Ch. Homicide
§. Duelling
A maxim adopted and acted upon by all legislators
and all Judges, is that morality follows
the finger of the Law. Not authorized by either,
homicides in consequence of battle by consent
is styled murder, and as such punished by death.
On a question concerning a title to land, two men
used to be hired to fight a duel, one by the Pltf.
the other by the Deft., and whichever killed the other
proved by so doing that the right was on the side
of him by whom he had been hired. By this best
of all possible evidence all inferior evidence, i.e.
all other evidence, stood excluded.
Identifier: | JB/016/085/001 "JB/" can not be assigned to a declared number type with value 16.
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