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12 Law Soc'y J. 138 (1946-1947)
Intent in the Criminal Law

handle is hein.journals/lsocyjo13 and id is 144 raw text is: INTENT IN THE CRIMINAL LAW
General criminal intent is the state of mind of the accused
which the law presumes from his voluntary commission of an
unlawful act without justification or excuse.1 This intent must
however, be combined with the wrongful act and must concur
in point of time.2
A specific intent is an essential part of certain crimes, that
is, in larceny-to steal, in burglary-to commit a felony, and
where this intent is an element of the crime it must be clearly
Constructive Intent is that intent which is imputed to the
defendant when an unintended wrongful act occurs during the
commission of a crime which is malum. In these cases the
intent is inferred from the intent to do the crime.4

*B.U. Law School, 1948
1  Ballentine's Law Dictionary
2  Bouvier's  Law    Dictionary; Com.
v. Morse, 2 Mass. 138; U.S. v.
Riddle, 5 Cranch (U.S.) 311; Coin.
v. Hawkins, 157 Mass. 551 where
Knowlton, J. said, It is a general
rule in   criminal  proceedings  at
common   law   that the   defendant
cannot be convicted unless a cri-
minal intent is shown, but it is
not necessary that he should have
intended   the   particular  wrong
which resulted from   his act.   If
he intends to do an unlawful and
wrongful act, which is punishable
because it is wrong in itself and
in doing it he inflicts an unfore-
seen 'injury, he is criminally liable
for that injury.
3  Coin. v. Webster, 5 Cush. 306
Corn. v. Hawley, 7 Met. 506
4  Corn. v. Mink, 123 Mass. 422, where
A accidentally killed B while in-

tending  to kill herself and    was
found guilty of the manslaughter
of B.
In Con. v. Doi-is, 287 Pa. 547 and
Coin. v. Heinlein, 256 Mass. 387 it
was held that a killing during the
commission of a felony constituted
murder although the separate de-
fendants in above cases were not
the murderers, but one of the con-
spirators.  In St. v. Presnell, 12
Iredell 103, Raffin, C. J. said,
When    the act is unlawful ald.
voluntary, the quo animo is in-,
ferred necessarily from the act.
Also, Intent is generally inferred
from  the commission    of the act
as it is manifested by the facts
and  circumstances connected with
the perpetration of the offense,
Land, J. in State v. Howard, 162
La. 719. Bex v. Hunt, 1 Mood 93;
larvick v. State, 49 Ark. 514

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