Criminalis

Lat. [from crimen, q. v.] Criminal. Placitorum aliud est criminale, aliud civile. Glanv. lib.

1, c. 1.

Placitorum alia criminalia, et alia civilia; of actions some are criminal and others civil. Bract. fol.

101 b.

In criminalibus sufficit generalis malitia intentionis cum facto paris gradus. In criminal cases, general malice of intention is sufficient, if followed by an act of equal or corresponding degree.

Bacon's Max. 65, regula 15.

All crimes have their conception in a corrupt intent, and have their consummation and issuing in some particular fact, which, though it be not the fact at which the intention of the malefactor levelled, yet the law giveth him no advantage of that error, if another particular ensue of as high a nature. Id. ibid. Therefore, if an impoisoned apple be laid in a place to poison J. S., and J. D. cometh by chance and eateth it, this is murther in the principal that is actor; and yet the malice in individuo was not against J. D. Id. ibid.