 | John Morgan (Barrister-at-law) - Evidence (Law) - 1789 - 508 pages
...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 - Great Britain - 1790 - 274 pages
...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... | |
 | Crime and criminals - 1792 - 638 pages
...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... | |
 | Great Britain. Court of King's Bench, John Prince Smith - Law - 1806 - 800 pages
...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 - Great Britain - 1808 - 466 pages
...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... | |
 | Thomas Erskine Baron Erskine - Freedom of the press - 1810 - 412 pages
...act is itself unlawful, as in the case " of a libel, the EHOOF. 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 2 man publishes a libel, and... | |
 | Thomas Erskine (1st baron.) - Forensic orations - 1810 - 420 pages
...act is itself unlawful, as in the case " of a libel, the PROOF of justification or excuse lies _'/ pn 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... | |
 | John Adolphus - 1810 - 538 pages
...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... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 446 pages
...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, v. 2G07. Qthly. Where there is a doubt, upon the judge's report, as to what pasted at the time of bringing... | |
 | Thomas Starkie - Libel and slander - 1826 - 658 pages
...be proved and found ; but where the act is in itself unlawful, the proof of justification lies upoa the defendant, and in failure thereof the law implies...the sense of the Court upon the verdict before them; the substance of which was, that as a doubt had arisen from the introduction of the ambiguous and unusual... | |
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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. 
