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" From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect... "
Southern Reporter - Page 92
1894
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Commentaries on the Criminal Law, Volume 2

Joel Prentiss Bishop - Criminal law - 1865 - 806 pages
...although without any premeditated design to effect the death of any particular individual. 3. When perpetrated without any design to effect death, by a person engaged in the commission of any felony."2 The statute provides further for four different degrees of manslaughter ; but it is needless...
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Commentaries on the Criminal Law, Volume 2

Joel Prentiss Bishop - Criminal law - 1868 - 832 pages
...although without any premeditated design to effect the death of any particular individual. 3. When perpetrated without any design to effect death, by...a person engaged in the commission of any felony." 6 The statute provides further for four different degrees of manslaughter ; but it is needless here...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - Criminal law - 1868 - 796 pages
...degree, or manslaughter, or excusable or justifiable homicide, as provided by the statutes, or when perpetrated without any design to effect death by a person engaged in the commission of any felony, is murder in the second degree.1 (a) At the common law one of the requisites of murder was that it...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volume 6

Amasa Junius Parker - Criminal law - 1868 - 738 pages
...degree. The third definition of murder by the statute, in force prior to 1860, was in these words: "When perpetrated without any design to effect death, by a person engaged in the commission of any felonj'." The third definition of murder is the only part of the former law that has been modified....
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Volumes 5-6

Joel Tiffany, New York (State). Court of Appeals - Law reports, digests, etc - 1868 - 802 pages
...degree, still constituted the offence of murder in the first degree. When, however, the killing was perpetrated without any design to effect death, by a person engaged in the commission of a felony, other than that of arson in the first degree, it was murder in the second degree only. This...
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Acts and Resolutions of the General Assembly of the State of Florida

Florida - Session laws - 1868 - 272 pages
...sscond second degree, and sha'l be punished by imprisonment in the State penitentiarv for life. "When perpetrated without any design to effect death, by a person engaged in the eemmifeion of any felony, [it] shall be murder in the third degree, and shall be punished by imprisonment...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 4

Austin Abbott - Civil procedure - 1869 - 600 pages
...although without any premeditated design to effect the death of any particular individual. 3. When perpetrated without any design to effect death, by a person engaged in the commission of a felony (2 Rev. Stat., 657, part 4, ch. 1, ยง 1). The present statute (Laws of 1862, 369, ch. 197)...
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Albany Law Journal, Volume 1

Law - 1870 - 546 pages
...although without any premeditated design to effect the death of any particular individual. " 3. When perpetrated without any design to effect death, by a person engaged in the commission of any felony. '' Wo cannot escape the conviction that this definition of murder is faulty. The first provision makes...
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Albany Law Journal, Volume 3

Law - 1871 - 530 pages
...paraphrase of the statute is given in the same decision (p. 419) as follows : " Such killing, when perpetrated without any design to effect death by a person engaged in the commission of any felony, shall be murder in the second degree, unless it be murder in the first degree (as above defined), or...
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Albany Law Journal, Volume 7

Law - 1873 - 532 pages
...excluding from the compass of murder in the second degree, all homicides, except those perpetrated without design to effect death by a person engaged in the commission of a felony. FilzgerroU v. The People, 37 NY 413. The clause of the statute above quoted was paraphrazed...
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