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Criminal Law Keyed to Weaver
Regina v. Faulkner
Citation:13 Cox Crim. Cas. 550 (1877)
Faulkner was trying to steal rum from barrels on the ship by boring a small hole in the cask and once it had run out he was trying to put a small wooden peg in the bored hole and a lit match he had in his hand lit the rum and began the fire. At trial the judge instructed the jury that because Faulkner was engaged in a felony at the time the mental intent was immaterial. At the second hearing the judge then added that it was conceded that Faulkner had no mental intent and it was up to the jury to decide. The judge further told the jury that even though Faulkner had no intention they should still find him guilty if they find that he was engaged in stealing the rum and that’s when the fire started.
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