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" 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 - 1812
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A Digest of Important Cases on the Law of Crimes

John Romain Rood - 1906 - 648 페이지
...thus: "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." Here the accused have intentionally committed an act which is in itself unlawful. In excuse for it,...
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A Treatise on the Law of Evidence as Administered in England and Ireland ..., 1권

John Pitt Taylor - 1906 - 944 페이지
...intent becomes criminal, there the intent must be proved and found: R. v. Drewett, 1905, 69 3. P. 37 ; but where the act is in itself unlawful, the proof...failure thereof, the law implies a criminal intent." R. a. Woodfall 1770, 5 Burr. 2661. See also R. c. Ilarvey, 1823, 2 B. & § 118. Thus, on a charge of...
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The American State Reports: Containing the Cases of General Value and ..., 126권

Abraham Clark Freeman - 1909 - 1220 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. Goodenow, 65 Me. 30. See, also, Hood v. State, 56 Ind. 263, 26 Am. Rep. 21 ; Davis v. Commonwealth,...
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A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to ..., 2권

Thomas Dwight Crawford - 1917 - 1218 페이지
...Ark. 431. 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...justification or excuse lies on the defendant; and, on failure thereof, the law implies a criminal intent. Harris v. State, 34 Ark. 469. In indictments...
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Corpus Juris: Being a Complete and Systematic Statement of the Whole ..., 16권

William Mack, William Benjamin Hale, Donald J. Kiser - 1918 - 1426 페이지
...J 94. "Where an Act In itself indifferent, if done with a particular intent becomes criminal; there the intent must be proved and found: but where the...failure thereof, the law implies a criminal Intent." Rex v. Woodfall, 5 Burr. 2661. 2667, 98 Reprint 398 (per Lord Mansfield). [a] Reason for role. —...
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A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to ..., 2권

Thomas Dwight Crawford - 1917 - 1218 페이지
...itself indifferent becomes criminal if done with a particular Intent, there the intent must be prove* and found; but where the act is in itself unlawful,...Justification or excuse lies on the defendant; and, on failure thereof, the law implies a criminal intent. Harris v. State, 34 Ark. 469. In indictments...
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A Treatise on Criminal Law and Procedure

Thomas Welburn Hughes - 1919 - 808 페이지
...that, "Where an act in itself indifferent, if done with a particular intent becomes criminal ; there the intent must be proved and found; but where the...and in failure thereof, the law implies a criminal intent."16 § 104. Criminal intent conclusively presumed. — In some cases criminal intent is conclusively...
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Canadian Criminal Cases Annotated: A Series of Reports of Important ..., 44권

1926 - 402 페이지
...particular intent, becomes criminal then the intent must be proved and found; but when the act in itself is unlawful, the proof of justification or excuse lies on the defendant and on failure thereof, the law implies a criminal intent.' '' In many statutes where the former class...
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The Central Law Journal, 4권

1877 - 658 페이지
...thus: "Where an act, in itself iiulifl'erent, becomes criminal if done with a particular intent, there the intent must be proved and found; but where the act is in iUielf unlawful, the proof of juslulcation or excuse lies on the defendant; and, in failure thereof,...
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The Law of Municipal Corporations, 3권

Eugene McQuillin - 1928 - 1036 페이지
...concern.4 "Where an act. in itself indifferent, if done with a particular intent, becomes criminal, there the intent must be proved and found; but where the...and in failure thereof the law implies a criminal intent."6 Where a law makes knowledge an essential ingredient of the ofinjure or annoy the inhabitants...
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