Guilty

" 1.

The state or condition of one who has committed a crime, a civil in- ' See Lamar v. Micou, 112 U. S. 463-70 (1884), cases; Boaz V. MUliken, 83 Ky. 638 (1886); Eyster's Appeal, 16 Pa. 372 (1851). = See Reeves, Dom. R. 311; Schouler, Dom. R. § 283; 1 Pars. Contr. 134-37; Lord v. Hough, 37 Cal. 600-69 (1869); 1 Johns. Ch. 109.. » Hudson V. Bishop, 32 F. R. 621 (1887). ' Curtis V. Murphy, 63 Wis. 6 (1885), cases.

Cole, C. J. See also Russell v. Ryan, Sup. Ct. Del. (1886), Comegys, Chief Justice. » See Story, Bailm. § 477; 2 Pars. Contr. 160; Hancock (Mrs. Gen.) v. Rand, 94 N. Y. 5, 10 (1883), cases; Mc Daniels V. Robinson, 26 Vt. 330-M (1854), eases; Calye's Case, 1 Sm. L. C. 211-47, cases; Coggs v. Bernard, ib. 401-6, eases; 16 Ala. 666; 26 id. 377; 33 Cal. 657; 35 Conn. 183; 25 Iowa, 653; 53 Me. 163; 100 Mass. 495; 145 id. 244; 12 Mich. 52; S3 Mo. 547; 33 N. Y. 577; 61 id. 34; 36 Pa. jury, or a contempt of court. 2.

As a plea, the judicial confession of a crime charged.

Not guilty

A plea denying the commission of a crime or a tort. The plea of "not guilty" raises the general issue; it denies the whole indictment or declaration. In civil law, applicable in delicts sounding in trespass or case, for misfeasance or non-feasance, in ejectment, in garnishment, and in interpleader.^ When an accused person is arraigned (g. v,\ the clerk inquii-es: " How say you, A. B., are you guilty or not guilty? " His answer, which is recorded, constitutes his plea. If "not guilty," the trial proceeds. The plea waives objection to the complaint for misnomer or for neglect to add a place of residence.'' Where guilty knowledge is an ingredient of a crime, evidence of the commission of other Idndred offenses about the same time is admissible as tending to prove that ingredient. Many cases of fraud require the application of the same principle, — as fraud involves intent, and intent can be deduced only from a variety of circumstances. Collateral facts, each insufficient in itself, whose joint operation tends to support the charge, or to disprove it, are then receivable. ^ Where a statute prohibits an act being done, or being done under certain circumstances, without making knowledge or intent an in^edient in the offense, the person doing the act is bound at his peril to see that the circumstances are such as do not make it unlawful,* Jurors are not called to pass upon a defendant's innocence, but solely whether or not the State has proven beyond reasonable doubt an affirmative proposition, to wit, his guilt.* See Confession, 2; Convict; Crime; Doubt; Intent; Negligence;, Will, 1. Compare Culpa.