 Where an act, in itself indifferent, becomes criminal if done with a particular intent, there the intent must be proved and found ; but where the act is in itself unlawful, the proof of justification or excuse lies on the defendant; and in failure thereof,...  Reports of Cases Argued and Adjudged in the Court of King's Bench: During ...저자: Great Britain. Court of King's Bench, James Burrow - 1812전체보기 - 도서 정보
 | 1909 - 1304 페이지
...Mansfield: "Where an act, In itself indifferent, becomes criminal if done with a particular intent, there the Intent must be proved and found ; but, where the...failure thereof the law Implies a criminal Intent.'' State v. Goodeuow, Co Me. 30. See, also •JOS 209 Hood v. State, 56 lud. 2G3, 2G Am. Rep. 21; Davis... | |
 | 1868 - 1208 페이지
...Where an art is in itself indifferent, if done -with a particular intent it becomes criminal ; then the intent must be proved and found : but where the act is in itself unlawful (as in this ease), the proof of justification or excuse lies on the defendant, and in failure thereof... | |
 | Rhode Island. Supreme Court - 1871 - 666 페이지
...have had such a belief, is no justification. Says Lord Mansfield, in Rex v. Woodfall, 5 Bur. 2,667, "Where the act is in itself unlawful, the proof of...justification or excuse lies on the defendant, and on failure thereof, the law implies a criminal intent." II. This is particularly so under the statute... | |
 | Cuba. Military Governor, 1899-1902 (Leonard Wood) - 1902 - 664 페이지
...nrosecution. The accused having put his character in issue, the prosecution may impeach it. PROOF OF INTENT. and found, but where the act is in itself unlawful,...failure thereof, the law implies a criminal intent. REM.\RKS OK EVIDENCE. ARTICLE 116. Courts-martial, in the absence of any specified statutory rules,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1899 - 850 페이지
...becomes crime, if done with a particular intent, then the intent must be proved and found; but when the act is in itself unlawful the proof of justification or excuse lies on the defendant; and in case of failure •thereof the law implies a criminal intent." In Jordan v. Osgood, 100 Mass., 437.... | |
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