 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,...  American Annual Register: 1826-27 - Seite 257herausgegeben von - 1828Vollansicht - Über dieses Buch
 | 1843 - 498 Seiten
...done with a particular intent becomes criminal, 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 on failure thereof the law implies a criminal intent." Lord Ellenborough, referring to this passage,... | |
 | Charles Petersdorff - 1831 - 598 Seiten
...WoodfitH, 5 '*", • " Jlurr. 2t>67, " That where the act is in itself unlawful (as in this case) the t(fe proof of justification or excuse lies on the defendant; and, in failure thcrcqf, nf the the law implies a criminal intent." There may indeed be cases, and SQ it was King's... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 Seiten
...Lewis v. Few, (5 John. 35,) Thompson, justice, in delivering the opinion of the court, says, " 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. If a libel contains an imputation of a crime,... | |
 | George Worthington - 1840 - 72 Seiten
...tried by the jury. — Vide Rex v. Woodfall, 5 Bur. 2661. Rex. v. Dean of St.^saph, 3 TR 428. 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 ; and whether an act is unlawful, is a question... | |
 | Richard Godson - 1840 - 656 Seiten
...that when the act is in itself unlawful, (as in that case, being a libel on the King, signed Junius,} the proof of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent in the proprietor, although it clearly appear that the offensive... | |
 | 1842 - 546 Seiten
...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... | |
 | 1842 - 508 Seiten
...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 - 1844 - 448 Seiten
...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 or excuse lies on the defendant, and in failure thereof, the law implies a criminal intent." This was impliedly assuming that if, from the facts, it... | |
 | John Pitt Taylor - 1848 - 764 Seiten
...done with a particular intent becomes criminal, 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, the law implies a criminal intent." R. v. Woodfall, 5 Burr. 2667. See also R. v. Harvey, 2... | |
 | Georgia. Supreme Court - 1849 - 680 Seiten
...done with a particular intent becomes criminal, then 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 on failure thereof the law implies a criminal intent." In these short parngraphs from our code, from... | |
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