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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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A Short Course of Military Law: As Applicable to Persons Subject to the ...

Charles Alfred Gorham - 1877 - 264 pages
...itself indifferent, if done be proved, with a particular intent, becomes criminal, then sumed.pre" the intent must be proved, and found ; but, where the act is itself unlawful, the proof of justification or excuse lies on the defendant, and, in failure thereof,...
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The American Reports: Containing All Decisions of General ..., Volume 24

Isaac Grant Thompson - 1878 - 884 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 or excuse lies on the defendant; and in case of failure thereof, the law implies a criminal intent." Thus, upon the charge of passing counterfeit...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1878 - 1032 pages
...constituted 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 Medical Jurisprudence of Insanity: With References to the Scotch and ...

John Hutton Balfour Browne - 1880 - 722 pages
...Vic., c. 96. sec. 58. 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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A text book of military law

Charles Alfred Gorham - 1880 - 208 pages
...and found ; but where ]"* Pr°ved. the act is itself unlawful, the proof of justification gim^L pre or excuse lies on the defendant, and in failure thereof the law implies a criminal intent." Eule 3. — The substance only of the issue OP Rule 3. charge need be proved. This is to prevent minor...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 15

Nevada. Supreme Court - 1881 - 540 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...on the defendant: and. in failure thereof, the law Jan. 1880.] SADLER v. EUREKA COUNTY. 39 Points decided. implies a criminal intent unless the proof...
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Notes on Military Law

Douglas Jones - 1881 - 200 pages
...the natural and necessary consequence of his own acts until he shows justification or excuse. " When the act is in itself unlawful, the proof of justification or excuse lies with the accused, in failure whereof the law implies criminal intent." This principle applies also...
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A Manual of the Law of Torts, and of the Measure of Damages

Charles Collett - 1886 - 526 pages
...essential.2 Where an act, in itself indifferent, if done with a particular intent becomes wrongful, there the intent must be proved and found ; but where the...defendant; and in failure thereof the law implies a wrongful intent.3 This is as true of private torts as it is of crimes. 3. Hence negligence or imprudence...
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Indian Criminal Law: Containing the Indian Penal Code and Other Indian Acts ...

India, Matthew Henry Starling - 1886 - 684 pages
...intent: " 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 on the defendant, and in failure thereof, the law implies a criminal intent. " The definition...
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A Treatise on the Wrongs Called Slander and Libel: And on the Remedy by ...

John Townshend - 1890 - 972 pages
...must be proved and found ; but when the act is in itself unlawful (ie prima facie and unexplained), the proof of justification or excuse lies on the defendant,...failure thereof the law implies a criminal intent; in the latter case the intention is immaterial, and therefore not a question of fact in issue, for...
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