| John Bruce Norton - 1869 - 646 str.
...itself unlawful, that is prima, facie and unexplanied, the proof of justification or excuse lies on the defendant, and in failure thereof the law implies a criminal intent. Thus, where words afFecting a person's reputation are spoken or written on a justifiable occasion,... | |
| United States. Circuit Courts, Benjamin Vaughan Abbott - 1870 - 670 str.
...proved and found ; but when 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." In this case the omission of the stamp was an unlawful act — an evasion of the provisions of the... | |
| Thomas Erskine Baron Erskine - 1870 - 504 str.
...the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant ; and in 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... | |
| John Hutton Balfour Browne - 1871 - 372 str.
...by the jury; 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. A " guilty mind" is, however, as we have seen, essential to the conception of a crime in a very large... | |
| India, Fendall Currie - 1872 - 1084 str.
...itself unlawful, that is, primd facie, and unexplained, the proof of justification or excuse lies on the defendant : and in failure, thereof, the law implies a criminal intent." (Mayne's PC, 3rd Edition, 101). Which he knoivs, Gfc., intending thereby. — Injurious foreknowledge... | |
| Thomas Frederick Simmons - 1873 - 572 str.
...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." (10) (10) R. v. Woodfall, Taylor, 131. 362 CHAPTER XX. Attrnfanre of wltn bylaw, but not Bll]r«K tholf... | |
| Nevada. Supreme Court - 1874 - 470 str.
...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." This rule is recognized as correct by all the authorities. 3 Greeuleaf Ev. Sees. 13, 14, 18. Applying... | |
| Nevada. Supreme Court - 1874 - 468 str.
...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." This rule is recognized as correct by all the authorities. 3 Greenleaf Ev. Sees. 13, 14, 18. Applying... | |
| Nicholas St. John Green - 1879 - 838 str.
...and found ; but when 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." But the question of intent is for the jury, per Lord Ellenborough in Rex v. Lambert ; 2 although the... | |
| Great Britain. Parliament - 1875 - 1160 str.
...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 the law implies a criminal intent." Lord Kenyon also refers to Sir Edward Coke, who says that — " Defamation of the dead is libellous... | |
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