At page 396 describing deadly weapon as one that would “necessarily,” was “likely to,” or would “probably,” kill or do great bodily harm1 citing case
- Commonwealth v. Rezendes, 37 N.E.3d 672 (Mass. App. Ct. 2015).published(describing deadly weapon as one that would “necessarily,” was “likely to,” or would “probably,” kill or do great bodily harm)
At page 399 cited at this page1 citing case
- United States v. Ray, 578 F.3d 184 (2d Cir. 2009).publishedEarly decisions of American courts reflect this distinction between trial and sentencing. 15 See Respublica v. Doan, 1 U.S. 86, 91 , 1 Dall. 86 , 1 L.Ed. 47 (Pa.1784) (“[Mjight an offender, who confessed the fact in court, by pleading guil…
Other citing cases
- Wright v. Illinois & Mississippi Tel. Co., 20 Iowa 195 (Iowa 1866).published
did not inquire into the truth of these allegations ; observing that if they were proved, they could not avail the prisoner .on any legal principles, by which alone the Court must be bound; and if they supported any equitable claims to favor for the prisoner, he might apply to the supreme executive, who had power [*400] to cause the sentence to be * executed, or who could pardon it absolutely, or on condition, at its discretion.
Judgment of death was then pronounced against the prisoner