BLACK, J.
The primary question in this case is governed by a changeless rule of the common law, written here many years ago and followed since by most of the courts of the States as well as the courts of the United States. The "12 reasonable men [and women] appointed by the Constitution to determine disputed or doubtful questions of fact" have themselves disagreed. That is some evidence, by itself, that all reasonable persons would not agree with respect to the conduct...
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