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<head>22.</head> | |||
<head>C</head> | |||
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<head><add>Simple Corporal</add> <del>Of</del> <add>Injuries</add> <del><unclear>Causes</unclear> Extenuations</del></head> | |||
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<head>Extenuation <del>Excuse VIII.</del><add>II</add><!-- this is positioned above the 'use' of the word 'Excuse' --> <add>Transgression</add> <del>Excuse</del> of Defence.</head> | |||
<p><!-- indent --><note>This <del>Excuse</del> <add>extenuation</add> a branch of that of Provocation .</note> If in the way of defence against an unlawful attack whether | |||
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on person or in property a man does more mischief than is necessary | |||
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for the purpose of defence , the overplus is an injury : but | |||
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it is open to excuse on the ground of provocation. As the provocation | |||
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is not only recent , but instant, this is the most favourable | |||
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case of provocation . The injury may in this case be said | |||
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to be done in <add>transgression</add> <del>excuse</del> of defence . | |||
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<p><!-- indent --><note>Allowance to be made for agitation of mind and weakness.</note> In judging whether an attack could by any other means | |||
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have been repelled with less mischief<add>(A)</add><!-- added above the 'schi' of the previous word 'mischief' --> to the assailant allowance | |||
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is to be made for the agitation of mind under which the | |||
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party may be supposed to have been labouring: as also for the | |||
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uncertain efficacy<add>(B)</add><!-- (B) added above the letters 'cacy' (and part of the space before the next word) --> of such cheaper means if any as might have been <add>employ'd</add> | |||
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22.
C
Simple Corporal Of Injuries Causes Extenuations
Extenuation Excuse VIII.II Transgression Excuse of Defence.
This Excuse extenuation a branch of that of Provocation . If in the way of defence against an unlawful attack whether
on person or in property a man does more mischief than is necessary
for the purpose of defence , the overplus is an injury : but
it is open to excuse on the ground of provocation. As the provocation
is not only recent , but instant, this is the most favourable
case of provocation . The injury may in this case be said
to be done in transgression excuse of defence .
Allowance to be made for agitation of mind and weakness. In judging whether an attack could by any other means
have been repelled with less mischief(A) to the assailant allowance
is to be made for the agitation of mind under which the
party may be supposed to have been labouring: as also for the
uncertain efficacy(B) of such cheaper means if any as might have been employ'd
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Identifier: | JB/071/022/002"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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022 |
simple corporal injuries |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f21 / f22 / f23 / f24 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23425 |
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