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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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Trial of Charles B. Huntington for Forgery: Principal Defence: Insanity

Charles Benjamin Huntington, James T. Roberts - 1857 - 502 pages
...Therefore, when an act in itself indifferent, becomes criminal if done with a particular intent, there the intent must be proved and found ; but where the...lies on the defendant, and in failure thereof the law supplies a criminal intent." I desire to submit to you a proposition, the result of much thought upon...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - 1858 - 898 pages
...act in itself indi/erent, if done with a particular intent becomes criminal, there the intent must bo proved and found ; but where the act is in itself...failure thereof, the law implies a criminal intent." R. e. Woodfall, 5 Burr. 2667. See also R. «. Harvey, 2 B. <fc C. 257 ; R. v. Wallace, 3 Ir. Law R,,...
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The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859 - 638 pages
...says " When an act in itself indifferent, if done with a particular intent, becomes criminal, then the intent must be proved and found ; but where the act is itself unlawful, that is prim& facie and unexplained, the proof of justification or excuse lies on...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1862 - 776 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...and in failure thereof, the law implies a criminal intent."f WJiere the acts of a party are susceptible of In case of double con- i • • i_ struction,...
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The Law of Evidence, Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1865 - 666 pages
...says, " When an act in itself indifferent, if done with a particular intent, becomes criminal, then the intent must be proved and found ; but where the act is ittelf unlawful, that is primd fade and unexplained, the proof of justification or excuse lies on the...
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Trial of Andrew Johnson: Arguments and final vote

Andrew Johnson - 1868 - 532 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. Was the act unlawful ? If your statute was valid it clearly was, for your statute says, in the sixth...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 pages
...constitute no protection in the law. We quote from the opinion delivered by Mr. Justice Thompson : — " 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.1 If a libel contains an imputation of a crime,...
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The Law of Evidence: Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1869 - 646 pages
...says " When an act is itself indifferent, if done vvith a particular intent, becomes criminal, then the intent must be proved and found ; but where the act is itself unlawful, that is prima, facie and unexplanied, the proof of justification or excuse lies on...
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Reports of Decisions Rendered in the Circuit and District Courts ..., Volume 1

United States. Circuit Courts, Benjamin Vaughan Abbott - 1870 - 670 pages
...becomes criminal 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...failure thereof the law implies a criminal intent." In this case the omission of the stamp was an unlawful act — an evasion of the provisions of the...
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Speeches of Thomas Lord Erskine, Volume 1

Thomas Erskine Baron Erskine - 1870 - 504 pages
...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...failure thereof, the law implies a criminal intent." Most luminously expressed to convey this sentiment, viz., That when a man publishes a libel, and has...
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