Commentaries On the Law of Infancy : Including Guardianship And Custody of Infants, And the Law of Coveture, Embracing Dower, Marriage, And Divorce, And the Statutory Policy of the Several States in Respect to Husband And Wife

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She had been, up to within the six months previous, a Jewess, when she was converted by a priest of the church of Rome.
Therefore, the woman, on her trial, made tl^ ingenious plea that she was an infant, not come to the years of discretion, and could not be legally convicted. The tribunal held her defense to be a good one, and acquitted her !
§ 129a. But the more sensible practice, as before suggested, has been adopted in most civilized countries, not to look so much to the age of the delinquen
...t as to his strength of understanding and judgment ; and yet it is a general rule that infants, who have not arrived to seven years of age, cannot be punished as criminals, for before that age they are not supposed to have a will that can con- cur with a forbidden act, in contemplation of law, and it is only from the age of fourteen that the law holds a person entirely responsible. Under that age infants are prima facie considered unacquainted with guilt, and incapable of crime ; and the fact of guilty knowledge of the prisoner must be distinctly made out by the prosecution.

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