 | 1890 - 542 pages
...to make the defense available in that case the accused must have proved the existence in his mind of an honest and reasonable belief in the existence of circumstances which, if they had really existed, would have made his act not only not criminal but also not immoral. Whether... | |
 | 1910 - 688 pages
...intent in a particular act generally depends on the knowledge or Ix-licf of the actor at the time. An honest and reasonable belief in the existence of...circumstances which, if true, would make the act for which the defendant is prosecuted innocent, would be a good defense. Thus, if a man killed another under... | |
 | 1916 - 1228 pages
...defense. It was conceded that the prisoner "falls within the very words of the statute." Cave, J., said: "At common law an honest and reasonable belief in the existence of circumstances, which, if <fc=>For other cases see same topic and KEY-NUMBER ID all Key-Numbered Digests and lodexei 159 P.-ll... | |
 | Edward William Cox - 1890 - 920 pages
...to make the defence available in that case the accused must have proved the existence in his mind of an honest and reasonable belief in the existence of circumstances which, if they had really existed, would have made his act not only not criminal but also not immoral. Whether... | |
 | Jabez Gridley Sutherland - 1891 - 836 pages
...is not an infiexible rule, nicipal law in the present day which Cave, J., said in the same case : " At common law an honest and reasonable belief in the...circumstances, which, if true, would make the act for which the person is indicted an innocent act, ha? always been held to be a good defense. This doctrine is... | |
 | Canada - 1894 - 1076 pages
...conviction ought to be quashed.1' Mr. Justice Cave, in the course of his remarks, said : — •• At common law, an honest and reasonable belief in the existence of circum stances which, if true, would make the act, for which a prisoner is indicted, an innocent act... | |
 | James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - 1897 - 1218 pages
...the defense raised for each prisoner was valid." And at page 181 of the same case Cave, J., said : " At common law an honest and reasonable belief in the...an innocent act, has always been held to be a good defense. This doctrine is embodied in the somewhat uncouth maxim, 'Actus non facit rcum, nisi mrnf... | |
 | Edward William Cox - 1899 - 856 pages
...P. Taylor for the appellant.—This conviction by the magistrate was wrong ; a reasonable and honest belief in the existence of circumstances which, if true, would make the act an innocent act, has been held a good defence. It could not have been intended that a publican serving... | |
 | William Lawrence Clark, William Lawrence Marshall - 1900 - 702 pages
...308, 23 Am. Rep. 575; Stern v. State, 53 Ga. 229, 2I Am. Rep. 266; State v. Snyder, 44 Mo. App. 429. "At common law, an honest and reasonable belief In...an innocent act, has always been held to be a good defense." Per Cave, J., in Reg. v. Tolson, supra. »8 Reg. v. Tolson, supra. and thrusting his sword... | |
 | Courtney Stanhope Kenny - 1901 - 574 pages
...to make the defence available in that case the accused must have proved the existence in his mind of an honest and reasonable belief in the existence of circumstances which, if they had really existed, would have made his act not only not criminal but also not immoral. Whether... | |
| |
At common law an honest and reasonable belief in the existence of circumstances, which, if true, would make the act for which the person is indicted an innocent act, has always been held to be a good defense. 
