 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 20by Francis Patrick Kenrick - 1841Full view - About this book
 | John Jane Smith Wharton - 1883 - 926 pages
...outlawed wherever he meets him and does so, this is inrder. But a mistake of fact is an excuse, *• where a man intending to kill a thief or housebreaker in his own house by mistake lolls one of his own family, thLs is no criminal action. — 4 Bl. Com. 27. Ignorantia juris, quod... | |
 | William Blackstone - 1884 - 724 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 not...of law. As if a man, intending to kill a thief or house breaker in his own house, by mistake kills one of his own family, this is no criminal action:... | |
 | 1886 - 948 pages
...ignorance of fact, without criminal negligence, will exempt one from criminal responsibility; as, when a man, intending to kill a thief or house-breaker...house, by mistake kills one of his own family, this will not be a criminal action. 1 Russ. Cr. 48, citing Levett's Case, Cro. Car. 538; 4 Bl. Comm. 27;... | |
 | John Davison Lawson - 1885 - 988 pages
...acting separately, there is not that conjunction between, which is necessary to form a criminal act. But this must be an ignorance or mistake of fact, and not an error in point of law." l This principle is recognized by all the best authorities upon criminal law. Thus in 1 Russell on... | |
 | California - 1886 - 992 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...family, this is no criminal action; but if a man thinks ho has a right to kill a person excommunicated or outlawed wherever he meets him, and does so, this... | |
 | Indian Law Commission - 1888 - 530 pages
...the punishment which is otherwise annexed thereto, gives as an illustration the case of a man, who intending to kill a thief or house-breaker in his...by mistake kills one of his own family ; " this," he observes, " is no criminal action." " Misconception" is not expressly mentioned as an excuse in... | |
 | John Jane Smith Wharton, John Mounteney Lely - 1889 - 800 pages
...•wherever he meets him and does so, this is murder. But a mistake of fact is an excuse, as where a man intending to kill a thief or housebreaker in...of his own family, this is no criminal action.— 4 Bl. Com. 27. Ignorantia juris, quod quisque scire tenetur, neminem excusat. 2 Rep. 3 b. — (Ignorance... | |
 | Sir William Markby - 1889 - 468 pages
...modified form ? Ignorance 735. Blackstone 1 says that 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 not a criminal action. But Blackstone's explanation of this is most extraordinary; and to me, indeed,... | |
 | William Blackstone (Sir) - 1897 - 838 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...in point of law. As if a man, intending to kill a burglar in his own house, by mistake, kills one of his own family, this is no criminal act. For a mistake... | |
 | Herbert Broom - 1900 - 888 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 error in point of law. If a man, intending to kill a burglar under circumstances which would justify him in so doing, by mistake... | |
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