 | Law - 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... | |
 | Law - 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... | |
 | Massachusetts. Commissioners on Criminal Law - 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... | |
 | George Wingrove Cooke - Forms (Law) - 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... | |
 | John Pitt Taylor - Evidence (Law) - 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.... | |
 | Georgia. Supreme Court - Equity - 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... | |
 | William Forsyth - Jury - 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... | |
 | Simon Greenleaf - Evidence (Law) - 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... | |
 | 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... | |
 | Charles Benjamin Huntington, James T. Roberts - Insanity - 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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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,... 
