 | Friedrich Johann Jacobsen - Maritime law - 1818 - 690 pages
...moral guilt is the same, but the legal effect is different. The accident has turned up in his favour ; the criminal act intended, has not been committed, and the man is innocent ot the legal offence. So, if the intent was to trade with an enemy, (which I have said, cannot be ascribed... | |
 | Joseph Chitty - Commercial law - 1824 - 1090 pages
...moral guilt is the same, but the legal effect is different ; the accident has turned up in his favour, the criminal act intended has not been committed,...was to trade with an enemy, (which I have already observed cannot be ascribed to the party at the commencement of the voyage, when hostilities were not... | |
 | Richard Wildman - International law - 1849 - 662 pages
...moral guilt is the same, but the legal effect is different. The accident has turned up in his favour; the criminal act intended has not been committed,...offence. So if the intent was to trade with an enemy, but at the time of carrying the design into effect, the person is become not an enemy; here the intention... | |
 | William Hazlitt, Henry Philip Roche - War, Maritime (International law) - 1854 - 508 pages
...moral guilt is the same, but the legal effect is different ; the accident has turned up in his favour, the criminal act intended has not been committed,...intent was to trade with an enemy (which I have already observed cannot be ascribed to the party at the commencement of the voyage, when hostilities were not... | |
 | Owen Davies Tudor - Commercial law - 1860 - 934 pages
...moral guilt is the same, but the legal effect is different. The accident has turned up in his favour; the criminal act intended has not been committed,...was to trade with an enemy (which, I have already observed, cannot be ascribed to the party at the commencement of the vovage, when hostilities were... | |
 | Francis Henry Upton - Capture at sea - 1863 - 536 pages
...Englishman, but an enemy, the moral guilt is the same, but the legal effect is different — the accident Las turned up in his favor — the criminal act intended...legal offence. So, if the intent was to trade with the enemy (which I have already observed cannot be ascribed to the party at the commencement of the... | |
 | Francis Henry Upton - Capture at sea - 1863 - 542 pages
...guilt is the same, but the legal eifect is different — the accident has turned up in his fa\ror — the criminal act intended has not been committed,...legal offence. So, if the intent was to trade with -the enemy (which I have already observed cannot be ascribed to the party at the commencement of the... | |
 | Joel Prentiss Bishop - Criminal law - 1892 - 922 pages
...not kill an Englishman but an enemy, the moral guilt is the same, but the legal effect is different. The accident has turned up in his favor; the criminal...committed, and the man is innocent of the legal offence." And see Ridgway v. Hungerford Market, 3 A. & E. 171. 269 CHAPTER XXXI. HOW THE SUBJECT OF THE CRIMINAL... | |
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... a legal as well as a moral illegality. If a man fires a gun at sea, intending to kill an Englishman, which would be legal murder, and by accident does not kill an Englishman, but an enemy, the moral guilt is the same, but the legal effect is different... 