 | Cuba. Military Governor, 1899-1902 (Leonard Wood) - Cuba - 1902 - 664 pages
...INTENT. 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. REM.\RKS OK EVIDENCE. ARTICLE 116. Courts-martial, in the absence of any specified statutory rules,... | |
 | Law reports, digests, etc - 1909 - 1182 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." State v. Goüdeuow, 65 Me. 30. See, also 208 209 Hood v. State, 66 Ind. 263, 26 Am. Rep. 21 ; Davis... | |
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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. 
