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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 ...
de Great Britain. Court of King's Bench, James Burrow - 1812
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the american annual register for the years 1826-7, or, the fifty year of ...

e. & g.w. blunt - 1828 - 884 pages
...done with a particular intent, becomes criminal, 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 failure of that proof, the law implies a criminal intent. This doctrine received the approbation of the whole...
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the american annual register for the years 1826-7, or, the fifty year of ...

e. & g.w. blunt - 1828 - 884 pages
...done with a particular intent, becomes criminal, 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 failure of that proof, the law implies a criminal intent. This doctrine received (he approbation of the whole...
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American Annual Register, Volume 2

Joseph Blunt - 1828 - 880 pages
...ease of Lewis v. Few, (5 John. 85,) Thompson, justice, in delivering the opinion of the court, says, " 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. If a libel contains an imputation of a crime,...
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The American Jurist and Law Magazine, Volume 2 ;Volume 20

1843 - 498 pages
...2667, " 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...justification or excuse lies on the defendant, and on failure thereof the law implies a criminal intent." Lord Ellenborough, referring to this passage,...
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volume 2

Thomas Starkie - 1830 - 474 pages
...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...is in itself unlawful, the proof of justification lies upon the defendant, and in failure thereof the law implies a criminal intent." Having thus declared...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 12

Charles Petersdorff - 1831 - 598 pages
...WoodfitH, 5 '*", • " Jlurr. 2t>67, " That where the act is in itself unlawful (as in this case) the t(fe proof of justification or excuse lies on the defendant; and, in failure thcrcqf, nf the the law implies a criminal intent." There may indeed be cases, and SQ it was King's...
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Reports of Cases Argued and Determined in the Supreme Court: And ..., Volume 7

Esek Cowen, New York (State). Supreme Court - 1837 - 826 pages
...case of Lewis v. Few, (5 John. 35,) Thompson, justice, in delivering the opinion of the court, says, " 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. If a libel contains an imputation of a crime,...
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A Practical Treatise on the Law of Patents for Inventions and of Copyright

Richard Godson - 1840 - 656 pages
...that when the act is in itself unlawful, (as in that case, being a libel on the King, signed Junius,} the proof of justification or excuse lies on the defendant...failure thereof, the law implies a criminal intent in the proprietor, although it clearly appear that the offensive paragraph was not written by him....
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An Inquiry Into the Power of Juries to Decide Incidentally on Questions of Law

George Worthington - 1840 - 72 pages
...to be tried by the jury. — Vide Rex v. Woodfall, 5 Bur. 2661. Rex. v. Dean of St.^saph, 3 TR 428. 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 ; and whether an act is unlawful, is a question...
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The History of England: From the Accession to the Decease of King ..., Volume 1

John Adolphus - 1840 - 646 pages
...given. Where an " act, in itself indifferent, if done with particular " intent, becomes criminal, there the intent must be " proved and found ; but where the act is in itself un" lawful, as in this case, the proof of justification lies " on the defendant ; and in failure thereof,...
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