 But where 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.  History of Trial by Jury - 第 265 頁William Forsyth 著 - 1852 - 468 頁完整檢視 - 關於此書
 | 1771 - 422 頁
...found : but where the ad is in itfelf unlawful, as in this cafe, the proof of juftincation, or excufe, lies on the defendant, and in failure thereof, the law implies a criminal jntent. ,.-... .• •. ;. " The' jury ftaid out a great while, many hours 5 at laft they came to... | |
 | John Morgan (Barrister-at-law) - 1789 - 508 頁
...found: but where the adt is in itlelf unlawful, (as in this cafe) the proof of juftification or cxcufe lies on the defendant ; and in failure thereof, the law implies a criminal intent, . The The Jury ftaid out a great while, many hours. At laft, they came to my houfe ; (the objection... | |
 | John Stockdale, Joseph Gurney - 1790 - 274 頁
...is itfelf *e unlawful (as in the cafe of a libel) the PROOF P 4 "of *' of juftification or excufe, lies on the defendant; ** and in failure thereof, the law implies a criminal " intent." Moft luminoufly expreffed to convey this fentiment, viz. that when a man publifhes a libel, and has... | |
 | 1792 - 638 頁
...But where the aCl is itfelf unlawful (as in thecafeof a libel) (he PROOF of juftification or exxrufe lies on the Defendant ; and, in failure thereof, the law implies a criminal intent." Moft luminoufly expreffed to convey this fentiment, viz. that when a man publishes * libel, and has... | |
 | John Adolphus - 1802 - 624 頁
...and found ; but where •*' the aft is itfelf unlawful, as in this cafe, the " proof of justification lies on the defendant; " and in failure thereof, the law implies a cri" ininal intent." The court agreed in this opinion, but from the ambiguous ufe of the word only... | |
 | Great Britain. Court of King's Bench, John Prince Smith - 1806 - 800 頁
...proved and found; but where the act is in itself unlawful, the proof of justification or excuse li«s on the defendant; and in failure thereof the law implies a criminal intent.' It is true, there cannot he any proof of a criminal intent unless it is alleged, , but a criminal intent... | |
 | Nathaniel Chapman - 1808 - 466 頁
...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...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... | |
 | Nathaniel Chapman - 1808 - 468 頁
...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...and in failure thereof , the law implies a criminal intent.'1' Most luminously expressed to convey this sentiment, viz. that when a man publishes a libel,... | |
 | Thomas Erskine Baron Erskine - 1810 - 412 頁
...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...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 Adolphus - 1810 - 538 頁
...proved and found ; but where the aS is itfelf unlawful, as in this cafe, the proof of juftifica* tion lies on the defendant ; and in failure thereof, the law implies a criminal intent." The court agreed in this opinion, but from the ambiguous ufe of the word only in the verdift, ordered... | |
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