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The gain to be made by the false coin, is
made by the utterance of it – i:e: the transfer of it, and
is proportioned to its inferiority in point of value
when compared with the species of true coin as&
for which it is made, or intended by such transfer to be made to
pass. The gain to be made aimed at is made aimed at by the utterance
of it but to be uttered it must have manufactured.
To bring the transaction under the idea of
fraud, both acts, viz: the utterance of the false
coin and the manufacturing of it must be accompanied
with two circumstances of criminality
both of them referable to the state of the mental
faculties of the agent – 1. a criminal consciousness,
and a criminal intention: – the consciousness
of its diversity with reference to the true
coin which it is designed to emulate, and thence
of its inferiority in point of constantly exchangeable value:
2: the intention of uttering it as being of equal
and the same value with the true coin, notwithstanding
the its inferiority as abovementioned. If either
of these criminative fails, the imputation of criminality has no
place.
These circumstances, notwithstanding the recesses of
the human mind are the scene only place in which they come
into existence are as susceptible of legal proof as if
they were perceptible to sense: if they were not, no crime
could ever be proved, punished or repressed.
Identifier: | JB/149/177/001 "JB/" can not be assigned to a declared number type with value 149.
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149 |
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177 |
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001 |
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text sheet |
1 |
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recto |
d3 |
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jeremy bentham |
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50031 |
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