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" ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate... "
Reports of Cases Determined in the Supreme Court of the State of California - Page 310
by California. Supreme Court - 1858
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The New Virginia Justice, Comprising the Office and Authority of a Justice ...

William Waller Hening - Forms (Law) - 1810 - 710 pages
...the first degree ; and all other kinds of murder shall be deemed murder of the second degree ; (b) and the jury before whom any person indicted for murder...tried shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder in the first or second degree ; but if such person...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 6

Pennsylvania. Supreme Court, Horace Binney - Law reports, digests, etc - 1815 - 626 pages
...poison, &c. Stc. shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second degree, and the jury before...indicted for murder shall be tried, shall, if they fend such person guilty, ascertain in their verdict whether it be murder in the first or second degree;...
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Acts of a General Nature Passed by the General Assembly of the State of Ohio

Oberlin Historical and Improvement Organization, Ohio - Law - 1821 - 242 pages
...the jury before whom such trial is had, if i hey find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder in the first or second degree ; and if such prisoner be convicted by conlession in open court, the court shall proceed by examination...
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Virginia Cases; Or, Decisions of the General Court of Virginia ..., Volume 2

Virginia. General Court, William Brockenbrough - Courts - 1826 - 722 pages
...the Applicant. It does not, however, stop here, but goes on to say, " and the jury before whom such person, indicted for murder, shall be tried, shall, if they find such person guilty thereof," that is murder, "ascertain in their verdict whether it be murder in the first or second degree:" Cut...
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Hazard's Register of Pennsylvania, Volume 13

Pennsylvania - 1834 - 478 pages
...shall determine, in a prosecution for murder; whether the crime be of the first or second degree — "The Jury before whom any person indicted for murder...tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree." Until, therefore, a...
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The Statutes of Ohio and of the Northwestern Territory, Adopted Or ..., Volume 2

Ohio - Law - 1834 - 780 pages
...the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict, whether it be murder in the first or second degree ; and if such prisoner be convicted by confession in open court, the court shall proceed by examination...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in the ...

Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1836 - 580 pages
...perpetrate any arson, rape, or burglary," upon the same footing. And the act expressly provides, that the jury before whom, any person indicted for murder...tried^ shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder in the first or second degree. Here is a positive and...
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Documents Accompanying the Journal

Michigan. Legislature. Senate - Michigan - 1837 - 306 pages
...was then amended by inserting as section two, chapter one hundred and forty, as follows : " Sec. 2. The jury before whom any person indicted for murder...tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder in the first or second degree ; but if such person...
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Digest of the Laws of Virginia: Which are of a Permanent Character ..., Volume 1

Joseph Tate - Law - 1841 - 992 pages
...Miller, I Virg. Cas. 310; Bennett's case, geni. ct. Dec. T. 1837. (<•) If the jury do not ascertain in their verdict whether it be murder in the first or second degree, the verdict will be set aside, and a venire de novo awarded. The Com. v. Williamson, gen. court, June...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 26

Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...find degree. — In an indictment for murder, if the jury find the accused guilty,' they should find, by their verdict, whether it be murder in the first or second degree; and if they fail so to find, by their verdict, the degree of guilt, it cannot be ascertained by reference...
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