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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 History of England: From the Accession to the Decease of King ..., Volume 1

John Adolphus - 1840 - 652 pages
...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, the law " implies a criminal intent." The Court agreed in this opinion, but, from the ambiguous use of the word only in the verdict, ordered...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 27

1842 - 546 pages
...proved, that such buyer, at the time of purchasing, had an original intention to withhold the toll. 1 But where the act is in itself unlawful, the proof of justification or excuse lies on the party charged with it, whether criminally or in an action ; and if he fails in such proof, the law...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 27

1842 - 508 pages
...proved, that such buyer, at the time of purchasing, had an original intention to withhold the toll. 1 ^ But where the act is in itself unlawful, the proof of justification or excuse lies on the party charged with it, whether criminally or in an action ; and if he fails in such proof, the law...
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Report of the Penal Code of Massachusetts: Prepared Under a Resolve of the ...

Massachusetts. Commissioners on Criminal Law - 1844 - 448 pages
...Woodfall, proprietor of the paper in which Junius's letters appeared, Lord Mansfield says, " Where the acl is in itself unlawful, the proof of justification...failure thereof, the law implies a criminal intent." This was impliedly assuming that if, from the facts, it was apparent that no culpable intent or neglect...
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A Treatise on the Law of Defamation: With Forms of Pleadings

George Wingrove Cooke - 1844 - 562 pages
...that where an act, in itself in" different, if done with a particular intent becomes " criminal, there the intent must be proved and found ; " but where...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 Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - 1848 - 764 pages
...— " 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." R. v. Woodfall, 5 Burr. 2667. See also R. v. Harvey, 2 B. & C. 257. ( j) Foster, CL 255. (*) R. v....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - 1849 - 680 pages
..." That where an act in itself indifferent, if done with a particular intent becomes criminal, then 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." In these short parngraphs from our code, from...
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History of Trial by Jury

William Forsyth - 1852 - 506 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 act is in itself unlawful (ie primd facie and unexplained) the proof of justification or excuse lies on the defendant; and in...
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A Treatise on the Law of Evidence, Volume 3

Simon Greenleaf - 1853 - 636 pages
...Therefore, " 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." 3 § 14. This rule, that every person is presumed to contemplate the ordinary and natural consequences...
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The Speeches of the Earl of Chatham, the Hon. R.B. Sheridan, Lord Erskine ...

William Pitt (Earl of Chatham) - 1853 - 1016 pages
...— ' Where an act, in itself indifferent, becomes criminal when done with a particular intent, there the intent must be proved and found. But where the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant...
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