 | 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... | |
 | 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... | |
 | 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... | |
 | 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 - 1813 - 710 pages
...publication, they should find him guilty." The learned Judge then proceeded to observe, that if proof of the express intent of the defendant were requisite, the...verdict before them; thesubstance of which was, that as a.doubt had arisen from the introduction of the ambiguous and unusual word only into the verdict, there... | |
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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. 
