 | John Pitt Taylor - Evidence (Law) - 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,,... | |
 | 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... | |
 | Joseph Goodeve - Evidence - 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,... | |
 | John Bruce Norton - Evidence (Law) - 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... | |
 | Andrew Johnson - Impeachments - 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... | |
 | Thomas McIntyre Cooley - Constitutional law - 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,... | |
 | John Bruce Norton - Evidence (Law) - 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... | |
 | United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 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... | |
 | Thomas Erskine Baron Erskine - Freedom of the press - 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... | |
 | Thomas Erskine Baron Erskine - Freedom of the press - 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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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,... 
