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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 Excerpt: ... to he on authority,7 and clearly is in principle, that the homicide is not punishable. While, on the other hand, if a dangerous weapon is used, when other means 1 See, however, post, 647. 2 Vol. I. 977. United States v. Wiltbergcr, 3 Wash. C. C. 515; Oliver v. The State, 17 Ala. 587; Commonwealth v. Green, 1 Ashm. 289, 297; Carroll v. The State, 23 Ala. 28; The State v. Morgan, 3 Ire. 1813; McDaniel v. The State, 8 Sm. & M. 401; The State v. Zellers, 2 Halst. 220; Harrison v. The State, 24 Ala. 67; Commonwealth v. Drew, 4 Mass. 391; Monroe v. The State, 5 Ga. 85 Howell v. The State, 5 Ga. 48; Rex v. Ford, J. Eel. 51; The State v. Smith, 3 Dev. & Bat. 117; The State v. Lazarus, 1 Mill, 34; Moore v. Hussey, Hob. 93; Semayne's case, 5 Co. 91; Reg. v. Sullivan, Car. & M. 209; United States t Williams, 2 Cranch C. C. 438; The State v. Noles, 26 Ala. 81; McAuley v. The State, 3 Greene, Iowa, 435; The State v. McDonald, 4 Jones, N. C. 19; People v. Horton, 4 Mich. 67; Priester v. Augley, 5 Rich. 44; The State v. Buchanan, 17 Vt. 573; People v. Hubbard, 24 Wend. 369; Commonwealth v. Kennard, 8 Pick. 133; The State v. McDonald, 4 Jones N. C. 19; Haynes v. The State, 17 Ga. 465. See People v. Payne, 8 Cal. 341. See post, 656, 727. Vol. I. 977; ante, 58-60; The State v. Johnson, 12 Ala. 840. Mr. East, however, observes: A man cannot justify maiming another in defence of his possessions, but only in defence of his person. This restriction, however, cannot be intended to extend to cases where a man defends himself against a known felony, threatened to be committed with violence, against even his property. 1 East P. C. 402. 5 Harrington v. People, 6 Barb. 607; The State v. Biiggs, 3 Ire. 357; ante, 58. An...

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