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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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Speeches of Thomas Lord Erskine, Volume 1

Thomas Erskine Baron Erskine - 1870 - 514 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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The Medical jurisprudence of insanity

John Hutton Balfour Browne - 1871 - 372 pages
...with a particular intent, becomes criminal, there the intent must be proved and found by the jury; but where the act is in itself unlawful, the proof...failure thereof the law implies a criminal intent. A " guilty mind" is, however, as we have seen, essential to the conception of a crime in a very large...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Volume 11

Edward William Cox - 1871 - 856 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...justification or excuse lies on the defendant, and on failure thereof the law implies a criminal intent." The judges in the House of Lords, in answer...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1871 - 914 pages
...aot< " 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, the proof of justi(1) By 6 4 7 Viet., c. 96, s. 7, it is enacted " that whensoever, upon the trial of any indictment...
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Mississippi State Cases: Being Criminal Cases Decided in the High ..., Volume 2

1872 - 954 pages
...becomes criminal, if done with a particular intent, there the intent must be proved and found ; but when the act is in itself unlawful, the proof of justification...excuse lies on the defendant, and in failure thereof, t/te law implies a criminal intent.'1'' And this is the very language employed by Lord Mansfield in...
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The Indian Criminal Codes

India, Fendall Currie - 1872 - 1084 pages
...be proved and found ; but when the act is of itself unlawful, that is, primd facie, and unexplained, the proof of justification or excuse lies on the defendant...failure, thereof, the law implies a criminal intent." (Mayne's PC, 3rd Edition, 101). Which he knoivs, Gfc., intending thereby. — Injurious foreknowledge...
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The Constitution and Practice of Courts Martial with a Summary of the Law of ...

Thomas Frederick Simmons - 1873 - 572 pages
...— " 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...failure thereof the law implies a criminal intent." (10) (10) R. v. Woodfall, Taylor, 131. 362 CHAPTER XX. Attrnfanre of wltn bylaw, but not Bll]r«K tholf...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 9

Nevada. Supreme Court - 1874 - 470 pages
...that " 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." This rule is recognized as correct by all the authorities. 3 Greeuleaf Ev. Sees. 13, 14, 18. Applying...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 9

Nevada. Supreme Court - 1874 - 468 pages
...that ' ' 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." This rule is recognized as correct by all the authorities. 3 Greenleaf Ev. Sees. 13, 14, 18. Applying...
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Criminal Law Reports: Being Reports of Cases Determined in the ..., Volume 2

Nicholas St. John Green - 1879 - 838 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...failure thereof, the law implies a criminal intent." But the question of intent is for the jury, per Lord Ellenborough in Rex v. Lambert ; 2 although the...
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