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" If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable... "
The New York Polyclinic - Page 111
1894
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The mystery of murder, and its defence [first appeared in the Law review for ...

Samuel Warren - 1855 - 526 pages
...principle that every one must be taken conclusively to know it, without proof that he does know it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable ; and...
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A Digest of the Law of Scotland: With Special Reference to the Office and ...

Hugh Barclay - 1855 - 998 pages
...whereas the law is administered upon the principle that every one must be taken conclusively to know it. If the accused was conscious that the act was one which he ou^ht not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
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Trial of Charles B. Huntington for Forgery: Principal Defence: Insanity

Charles Benjamin Huntington, James T. Roberts - 1857 - 502 pages
...was doing, or if he did know it, that he did not know he was doing what was wrong. * * * * *'* • * If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable, and...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 3

1857 - 386 pages
...principle that every one must be taken conclusively to know it, without proof that he does know it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable ; and...
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Commentaries on the Criminal Law, Volume 1

Joel Prentiss Bishop - 1858 - 1012 pages
...principle, that every one must \)e taken conclusively to know it, without proof that he does know it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable ; and...
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Transactions of the National Association for the Promotion of Social Science

National Association for the Promotion of Social Science (Great Britain) - 1865 - 754 pages
...public benefit, he is nevertheless punishable if he knew at the time that he was acting contrary to law. That if the accused was conscious that the act was one which he ought not to do ; and if the act was at the same time contrary to law, he is punishable. To establish a defence...
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Reports of Cases Decided at Nisi Prius and at the Crown Side on ..., Volume 4

Thomas Campbell Foster, William Francis Finlason - 1867 - 1150 pages
...see R. v. Higgerson, 1 C. & K. 129, where the true doctrine was expounded and applied by Maule, J. If the accused was conscious that the act was one which he ought not to do, and that it was contrary to law, he is punishable. And as to a "delusion " which excuses in...
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The House of Lords Cases on Appeals and Writs of Error, Claims of ..., Volume 1

Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - 1868 - 458 pages
...punishable if he knew at the time that he was acting contrary to law.—Macnaghteris Case, 10 C1. & F. 200. That if the accused was conscious that the act was one which he ought not to do ; and if the act was at the same time contrary to law, he is punishable. In all cases of this...
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Transactions, Volume 6

Homœopathic Medical Society of the State of New York - 1868 - 818 pages
...principle that every one must be taken conclusively to know it, without proof that he does know it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the laud, he is punishable, and...
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Transactions, Volume 6

Homœopathic Medical Society of the State of New York - 1868 - 818 pages
...principle that every one must be taken conclusively to know it, without proof that he does know it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable, and...
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