 | United States. War Department, Arthur Murray - Courts-martial and courts of inquiry - 1895 - 198 pages
...INTENT. 1. " Where au act, in itself indifferent, becomes criminal if done with a particular intent, then the intent must be proved and found ; but where the...and in failure thereof, the law implies a criminal intent."i EEMAKKS ON EVIDENCE. 1. Courts-martial, in the absence of any specific statutory rules, are... | |
 | Ratanlal Ranchhoddas - 1896 - 372 pages
...be proved and found : but when the act is of itself unlawful, that is prima facie and unexplained, the proof of justification or excuse lies on the defendant,...failure thereof the law implies a criminal intent. ( R. vs. Woodfall, 5 Burr. 3667.) An action consists of voluntary bodily motions, combined by the mind... | |
 | Robert Campbell - Annotations and citations (Law) - 1896 - 774 pages
...said, " 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, as in this case, the proof of justification or excuse lies on the defendant; and in failure thereof... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1898 - 1226 pages
...Where an act which is 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, proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal... | |
 | Harry Clay Underhill - Evidence, Criminal - 1898 - 1122 pages
...intent : "Where an act, in itself indifferent, if done with a particular intent hecomes criminal, there the intent must be proved and found; but where the act is in itself unlawful, as in this case, the proof of justification or excuse lies on the defendant; and in failure thereof... | |
 | William Lawrence Clark, William Lawrence Marshall - Criminal law - 1905 - 952 pages
...River Corp., Ill NC 661, 16 SE 331. " "Where an act, In Itself Indifferent, If done with a particular Intent becomes criminal, the Intent must be proved...failure thereof, the law implies a criminal intent" Per Lord Mansfield in Rex v. Woodfall, 5 Burrow, 2667. See, also, State v. Welch, 21 Minn. 22. if State... | |
 | Law reports, digests, etc - 1925 - 788 pages
...particular intent, becomes criminal, then the intent must be proved and found; but when the act in itself is unlawful, the proof of justification or excuse lies on the defendant and on failure thereof, the law implies a criminal intent.' " In many statutes where the former class of... | |
 | Van Vechten Veeder - Forensic orations - 1903 - 656 pages
...intent must be proved and found ; but where the act itself is 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, namely, that when a man publishes a libel, and... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - Evidence (Law). - 1905 - 954 pages
...rule, "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 law usually implies a criminal intent."88 n Commonwealth v. Hagan, 179 Neb. 136, 87 NW 25, 89 Am. St.... | |
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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,... 
