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" But this must be an ignorance or mistake of fact, and not an error in point of law. As if a man, intending to kill a thief or housebreaker in his own house, by mistake kills one of his own family, this is no criminal action y : but if a man thinks he... "
Theologiae moralis: Tractatus I-VIII - Page 20
by Francis Patrick Kenrick - 1841
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Commentaries on the Laws of England: In Four Books, Volume 4

William Blackstone - 1791 - 528 pages
...them, which is neceflary to form a criminal aft. But this muft be an ignorance or miflake of faft, and not an error in point of law. As if a man, intending to kill a thief or houfcbreaker in his own houfe, by millake kills one of his own family, this is no criminal aftion f...
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Encyclopædia Britannica: Or, A Dictionary of Arts ..., Volume 9, Part 1

Colin Macfarquhar, George Gleig - 1797 - 450 pages
...between them which is necelFary to form a criminal aft. But this mud be an ignorance or miftake of faft, and not an error in point of law. As if a man intending to kill a thief or houfe-breaker in his own houfe, by miftake kills one of his own family, this is no criminal acbon :...
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Commentaries on the Laws of England, Volume 4

William Blackstone - 1800 - 620 pages
...conjunction between them, which is neceflary to form a criminal adh But this muft be an ignorance or miftake of fact, and not an error in point of law. As if a man, intending to kill a thief or houfebreaker in his own houfe, by miftake kills one of his own family, this is no criminal action 'f...
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The British Constitution, Or an Epitome of Blackstone's Commentaries on the ...

Sir William BLACKSTONE, Vincent WANOSTROCHT - 1823 - 872 pages
...there is not that conjunction between them which is necessary to form a criminal act. But this must he an ignorance or mistake of fact, and not an error in point of law. VI. A sixth species of defect of will is that arising from compulsion and inevitable necessity. Of...
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A Treatise on Crimes and Misdemeanors, Volume 1

William Oldnall Russell - 1824 - 594 pages
...mistake of the fact will excuse ; which appears to have been ruled in cases of misfortune and casualty ; as if a man, intending to kill a thief or house-breaker in his own bouse, by mistake kills one of his own family, this will not be a criminal action, (o) I * 29] »CHAPTER...
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Commentaries on the laws of England. [Another], Volume 4

sir William Blackstone - 1825 - 584 pages
...separately, there is not that conjunction between them, which is necessary to form a criminal act. But this must be an ignorance or mistake of fact, and...one of his own family, this is no criminal action y : but if a man thinks he has a right to kill a person excommunicated or outlawed, wherever he meets...
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Commentaries on the Laws of England: In Four Books, Volume 1

Sir William Blackstone - 1825 - 576 pages
...separately, there is not that conjunction between them, which is necessary to form a criminal act. But this must be an ignorance or mistake of fact, and...one of his own family, this is no criminal action y: but if a man thinks lie has a right to kill a person excommunicated or outlawed, wherever he meets...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 pages
...mistake, wherein a man, intending to do a lawful act, does that which is unlawful, is not criminal. But this must be an ignorance or mistake of fact, and...thief or housebreaker, in his own house, by mistake kill one of his own 'family, this is no criminal action : but if a man thinks he has a right to kill...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 1

William Oldnall Russell - 1826 - 780 pages
...of the fact will excuse ; which appears to have been ruled in cases of misfortune and casualty; PS if a man, intending to kill a thief or housebreaker...house, by mistake kills one of his own family, this will not be a criminal action, (o) (y) Rex v. Jones, Kel. 37. turtcire, neminem excusât, is a maxim...
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The London encyclopaedia, or, Universal dictionary of ..., Part 2, Volume 11

Thomas Curtis (of Grove house sch, Islington) - 396 pages
...there is not that conjunction between them which is necessary to form a criminal act. But this most be an ignorance or mistake of fact, and not an error in point of law. As rf a man, intending to kill a thief or house-breaker in his own house, by mistake kills one of his...
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