[DOWNLOAD] "State v. Madden" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Madden
- Author : Supreme Court of Montana
- Release Date : January 22, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
CRIMINAL LAW, Criminal Intent, Seldom Capable of Direct Proof, Usually Inferred from What Accused Says and Does, Accused Accountable for Logical and Ordinary Consequences of His Acts ? ASSAULT, Assault in First Degree Defined. 1. Criminal Law ? Assault ? Criminal intent determined from facts. The element of felonious intent in every contested criminal case must necessarily be determined from the facts and circumstances of the particular case, because criminal intent, being a state of mind, is rarely susceptible of direct or positive proof and therefore must usually be inferred from the facts testified to by witnesses and the circumstances as developed by the evidence. 2. Homicide ? Question of guilt for jury. In prosecution for assault with deadly weapon with intent to kill, question of defendants guilt or innocence was for jury, and verdict was sustained by substantial evidence.