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Dicey, Edward, 1832-1911

"Rome in 1860"

" The tribunal too considers,
that the crime of the prisoner was aggravated by the fact, that his mind
remained unimpressed "by the horrors of his residence, or the dreadful
aspect and sad fellowship of his thousand unfortunate companions in
guilt, or by the flagrant penalties imposed upon him, for so many
crimes." On all these grounds, whether abstract or matter-of-fact, the
court declares the prisoner guilty of the wilful murder of Avanzi, and
sentences him to death.
On the morrow this sentence is conveyed to Simonetti, who appeals. With
considerable expedition the Supreme Tribunal meet to hear the case on the
23rd of September. The prisoner alleged before this court that his
indignation had been excited by improper proposals made to him by the
murdered man, and it was on this account their partnership had been
dissolved. Besides certain inherent improbabilities in this story, the
court decides that it was incredible that, if true, Simonetti should not
have made the statement at his previous trial. The appeal was therefore
dismissed, and the sentence of death confirmed. This decision was
notified to the prisoner on the 18th of November, who again appeals to
the higher Court, which meets to try the appeal on the 29th of the same
month. This court at once decided that there was no ground for supposing
the crime was not committed with "malice prepense," or for modifying the
verdict.


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