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(b) Good Motive.-Even when a motive. does appear, it need not necessarily be a bad motive. A willful act prohibited and made punishable by the common law or by statute is none the less a crime because the accused was actuated by a good motive.70 This is certainly the general rule, though there are some cases in which it appears to have been ignored. For example, on a prosecution for depositing in the mails or publishing an obscene article or book it is no defense for the accused to show that his object was to correct evils and abuses in intercourse between the

in any case, nor can it be said in any case that absence of such proof is ground for acquittal. Its existence is a circumstance to be considered by the jury in determining guilt or innocence, along with all the other evidence adduced, and the nonexistence of proof of it is likewise a circumstance which the jury may consider, along with the other evidence, in reaching a conclusion of innocence; but neither its presence nor absence can of itself be justly said to control the finding of the jury. Crimes may be, and frequently are, thoroughly established without any evidence of motive, and the very absence of motive may aggravate the offense." Stone v. State, 105 Ala. 60.

70 U. S. v. Harmon, 45 Fed. 414, Beale's Cas. 180; Reynolds v. U. S., 98 U. S. 145, Beale's Cas. 179; Specht v. Com., 8 Pa. St. 312; Stone v. State, 105 Ala. 60; State v. White, 64 N. H. 48.

sexes, and thus do a public good.71 And on a prosecution for a nuisance in erecting a wharf on public property it is no defense to show that it has been in fact beneficial to the

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Since a good motive is no excuse, if a man of sound mind does an act which he knows is prohibited and punished by law, he cannot escape responsibility on the ground that he acted because of and in accordance with his religious belief or scruples. Thus, a man cannot set up his religious belief to escape liability for violation of a statute prohibiting and punishing bigamy and polygamy,74 or

71 U. S. v. Harmon, supra. And see Reg. v. Hicklin, L. R. 3 Q. B. 360, 11 Cox, C. C. 19; post, § 467. 72 Respublica v. Caldwell, 1 Dall. (Pa.) 150, Beale's Cas. 177; post, § 456 (c).

73 In Reg. v. Sharpe, 1 Dears. C. C. 160, 7 Cox, C. C. 214, Beale's Cas. 175, a son was indicted for disinterring the body of his mother, who had been buried in a dissenting congregation's burying grounds, and it was held that the fact that he acted from motives of affection and religious duty, and intended to bury her with his father in other burying grounds, was no defense.

74 Reynolds v. U. S., 98 U. S. 145, Beale's Cas.

punishing labor on Sunday, or the disinterring of a dead body,76 or the beating of a drum in the streets of a town.77

It has been held in England that the parent of a sick child, who, though able, willfully fails to call in a physician or furnish proper medicine, by reason of which the child dies, is not guilty of manslaughter if his failure is because of religious scruples, or because of a conscientious belief in the faith cure, and the like.78 This decision, however, is not sound even at common law, and there is now a statute to the contrary."

79

66. Repentance and Change of Intent.

If an act is done with a criminal intent, 0 subsequent repentance and change of intent can relieve it of its criminality. Thus, a person who has broken and entered a house with intent to commit a felony is none the less guilty of burglary because he repents and

75 Specht v. Com., 8 Pa. St. 312.

76 Reg. v. Sharpe, 1 Dears. C. C. 160, 7 Cox, C. C. 214, Beale's Cas. 175.

77 Like the members of the Salvation Army. State v. White, 64 N. H. 48.

78 Reg. v. Wagstaffe, 10 Cox, C. C. 530.

79 See Reg. v. Downes, 1 Q. B. Div. 25, 13 Cox, C. C. 111, Beale's Cas. 195. And see post, § 265(d),

abandons his purpose, since the breaking and entry with such intent constitutes the offense.80 A person who has committed larceny or robbery cannot escape responsibility by repenting and abandoning or returning the property, or paying for it.81 A person who, with intent to commit a crime, has done enough to render him guilty of an attempt, can be punished for the attempt, though he afterwards abandoned his purpose.82 Many other illustrations might be given.

67. Negligence.

A criminal intent, and even malice, may be inferred, as a matter of fact or as a matter of law, from negligence.83

(a) Negligent Acts of Commission.— Thus, negligence in doing a lawful act, by which another is injured, may render a person guilty of criminal assault and battery.8+

80 Post, § 408.

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81 Post, § 333. See Shultz v. State, 5 Tex. App. 390.

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83 Fost. C. L. 262, Beale's Cas. 185; Reg. v. Instan [1893] 1 Q. B. 450, Beale's Cas. 198; U. S. v. Thompson, 12 Fed. 245; and cases more specifically cited in the notes following.

84 Post, § 204 et seq.

And there are any number of cases in which persons have been held guilty of manslaughter, which is a felony, because of negligence in doing an act which would have been lawful except for the negligence, as in the case of immoderate correction of a child by his parent, negligent use of drugs and negligent surgical operations by unskillful and incompetent practitioners, negligent driving, negligence in shooting at a mark or otherwise using a deadly weapon, etc.85 Even the malice necessary to constitute murder may be implied from negligence, as from reckless. and wanton conduct dangerous to life.86

(b) Omission to Act.-In like manner a criminal intent, and even malice, may be inferred from omission to act at all when there

85 Fost. C. L. 262, Beale's Cas. 185; Reg. v. Lowe, 3 Car. & K. 123, 4 Cox, C. C. 449, 1 Ben. & H. Lead. C. C. 60, Beale's Cas. 192; Reg. v. Chamberlain, 10 Cox, C. C. 486, Beale's Cas. 187; Reg. v. Salman, 14 Cox, C. C. 494, Beale's Cas. 189; State v. Hardie, 47 Iowa, 647, 29 Am. Rep. 496; State v. Emery, 78 Mo. 77, 47 Am. Rep. 92; People v. Fuller, 2 Park. Cr. R. (N. Y.) 16; post, §§ 262-265.

86 Fost. C. L. 262, Beale's Cas. 185; Reg. v. Marriott, 8 Car. & P. 425; post, § 244.

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