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1828 Jany
Law Amendments or Penal Code
Propositions
Homicide
Enactments
Factitious benefit & had by (I beg) and with
so by law to failure
Premeditation
23
Profit acquired not a
proof of intention
The acquisition of factitious profit from the a persons death
must should not be conclusive evidence of correspondent design
as having been the accompaniment of the maleficent act — of the a
check of act from whence the fatal ensued an act which
proved became contributory to it: various are the circumstances
by which the presumption may be repelled.
24
Example non administering
medicine to a father —husband
to wife &
A son administers to his father, a husband
to his wife, a wife to her husband under the notion of its operating serves
as a medicine or potion by which death is produced which
has death for its effect: the counter evidence afforded by the
affection naturally attached to such relationships should then suffer
to rebut the presumption, unless the presumption be reinforced
by a trace of other circumstances: circumstances for example
probative of a length of continuance in a state of
enmity.
25
So commander of ship-wrecked
vessel saved
So in case of maritime wreaks and oth urgency
in other forms. A party insurd procures the appointment
of the commander of the vessel: the vessel is shipwrecked, the
cargo lost, the commander with or without others of the crew
saved.
26
So as to guardian where
ward occupied in a
dangerous occupation
Next in command is appointed guardian and by this
guardian the ward engages in an occupation in a transactive
degree unfavorable to life whether from habitual action, or climate
the ward accordingly dies of the correspondent death. This set
of circumstances will not of itself suffer to warrant punishment or
prosecution as for homicide.
It is assured however to reform the ground of the an enactive regulation
prohibiting the making of in the same individual the care of the
person and the care of the estate.
Identifier: | JB/016/197/001 "JB/" can not be assigned to a declared number type with value 16.
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1828-01 |
23-26 |
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016 |
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197 |
law amendment or penal code |
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001 |
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text sheet |
1 |
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recto |
e7 |
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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6004 |
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