The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Page 21
... criminal law , and could not be used to illustrate the question at issue . If , indeed , Great Britain was an accessory , then she was an ally of our enemies , and consequently was herself our enemy , in which case all the contracts ...
... criminal law , and could not be used to illustrate the question at issue . If , indeed , Great Britain was an accessory , then she was an ally of our enemies , and consequently was herself our enemy , in which case all the contracts ...
Page 43
... criminal intention , and these must concur , the latter being equally essential with the former . Actus non reum facit , sed mens , is a maxim of the com- mon law . The intention may be inferred from the act , but this in principle is ...
... criminal intention , and these must concur , the latter being equally essential with the former . Actus non reum facit , sed mens , is a maxim of the com- mon law . The intention may be inferred from the act , but this in principle is ...
Page 44
... criminal prosecutions , there are two substan- tive facts to be established against the accused , the overt act and the criminal intent , the physical fact and the psychological fact.2 In other words , the government is bound to prove ...
... criminal prosecutions , there are two substan- tive facts to be established against the accused , the overt act and the criminal intent , the physical fact and the psychological fact.2 In other words , the government is bound to prove ...
Page 45
... criminal intent is to be presumed , so that , as matter of law , the government may demand a conviction , unless the defendant over- throws that presumption by establishing positively an absence of such intent ? If we consider that the ...
... criminal intent is to be presumed , so that , as matter of law , the government may demand a conviction , unless the defendant over- throws that presumption by establishing positively an absence of such intent ? If we consider that the ...
Page 52
... criminal cases the burden of proof is on the prosecution throughout to make out the whole case ; that the presumption as laid down in the charge excepted to , was not supported by any binding authority ; that if it ever had any place it ...
... criminal cases the burden of proof is on the prosecution throughout to make out the whole case ; that the presumption as laid down in the charge excepted to , was not supported by any binding authority ; that if it ever had any place it ...
Contents
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