 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 22by Francis Patrick Kenrick - 1841Full view - About this book
 | John Jane Smith Wharton - 1848 - 726 pages
...will, which is necessary to establish a criminal act; but, in order that he may stand excused, there must be an ignorance or mistake of fact, and not an error in point of law ; for a mistake in point of law, which every person of discretion, not only may, but is hound and presumed... | |
 | Herbert Broom - 1854 - 622 pages
...the will which is necessary to form a criminal act ; but in order that he may stand excused, there must be an ignorance or mistake of fact, and not an...*point of law ; as, if a man intending to kill a thief i or house-breaker in his own house, and under circumstances •which would justify him in so doing,... | |
 | 1886 - 850 pages
...an action. Blackstone gives as an illustration the ease of a person who, intending to kill a burglar in his own house, by mistake kills one of his own family. This being a mistake of fact, is not a criminal offence. But if another man, mistaking the law, thinks that... | |
 | Henry John Stephen - 1863 - 770 pages
...between them which is necessary to form a criminal act. But this must be an ignorance or mistake in fact, and not an error in point of law. As if a man,...housebreaker in his own house, by mistake kills one of his family, this is no criminal action (g) : but if a man thinks he has a right to kill a person excommunicated... | |
 | William Blackstone, George Sharswood - 1866 - 780 pages
...between them which is necessary to form a criminal act. But this must be an ignorance or mistake oí' fact, and not an error, in point of law. As if a man,...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... | |
 | William Markby - 1871 - 296 pages
...the Crown, vol. ii. p. 16. 257. Blackstone ' says, if a man intending to kill a of the will, thief in his own house, by mistake kills one of his own family, this is no criminal action. But Blackstone's explanation of this is most extraordinary; and to me, indeed, altogether unintelligible.... | |
 | Thomas Frederick Simmons - 1873 - 572 pages
...kills some of his own people ; or firing by order of his officer at a target, kills a bystander ; or a man, intending to kill a thief or housebreaker in his own house, kills one of his own family ; these and such like actions are not criminal. A mistake as to a point... | |
 | Henry John Stephen - 1874 - 724 pages
...between them which is necessary to form a criminal act. But this must be an ignorance or mistake in fact, and not an error in point of law. As if a man,...housebreaker in his own house, by mistake kills one of his family, this is no criminal action (e) : but if a man thinks he has a right to kill a person excommunicated... | |
 | William Blackstone, George Sharswood - 1875 - 778 pages
...separately, there is not that conjunction between them which is necessaiy to form a criminal act. But this must be an ignorance or mistake of fact, and...house, by mistake kills one of his own family, this .'s no criminal action ;(y) but if a man thinks he has a right to kill a person excommunicated or outlawed... | |
 | Herbert Broom, Edward Alfred Hadley - 1875 - 858 pages
...there is not that conjunction or mistake. between them, whioh is necessary to form a criminal act. But this must be an ignorance or mistake of fact, and not an * error in г * o« i point of law. As if a man, intending to kill a burglar in his own house, by mistake kills... | |
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