Rex v Oneby: 1727

Where A and B have a sudden violent quarrel, and later, after tempers should have cooled, A kills B, that is murder. If A says he will revenge himself on B, or will have his blood, that is express malice. The fact of killing is prima facie murder. It is for the defendant to extenuate the fact of killing.

Citations:

(1727) 2 Stra 766, (1727) 1 Barn KB 17

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Dudley and Stephens QBD 9-Dec-1884
Three survivors of the yacht Mignonette were landed from a German sailing barge at Falmouth in September 1884. On the day they landed all three of them described the circumstances in which the fourth member of the crew, the ship’s boy had been . .
CitedWoolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 26 November 2022; Ref: scu.223126