 | 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,... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead, Edward Potton - 1891 - 876 pages
...of Lord MANSFIELD, in R. v. Wood/all,\ That " where the act is in itself unlawful (as in this case) the proof of justification or excuse lies on the defendant;...failure thereof, the law implies a criminal intent." There may indeed be cases, and so it was admitted in R. v. Xntt,l of a publication in point of law,... | |
 | Henry Hardcastle - 1892 - 748 pages
...criminal, if done with a particular intent, there the intent 2n 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." Similarly, in R. \. Dwon (1814), 3 M. & S. 1 1, at p. 15, Lord Ellenborough said : " It is an universal... | |
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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,... 
