The disputable presumption ‘that a person intends the ordinary consequences of his voluntary act’ applies in both civil and criminal casesThe alleged intent must be proved. If the act is alleged to have been done with intent to commit a crime or felony, it is essential that the facts and circumstances showing the existence of the intent must be proven.
“f it be alleged that the prisoner cut the prosecutor, with intent to murder or disable him, and to do him some great bodily harm, and the evidence be merely of an intent to prevent a lawful arrest, it is a fatal variance; unless it appears that he intended the injury alleged, for the purpose of preventing the arrest” .“The proof may be either by evidence, direct or indirect, tending to establish the fact; or by inference of law from other facts proved” .
The disputable presumption “that a person intends the ordinary consequences of his voluntary act” applies in both civil and criminal cases , 2019 Rules on Evidence). “ no man may lawfully kill another, and intentional homicides are in general the result of malice and evil passions… in every case of intentional homicide, not otherwise explained by its circumstances, it is… to be presumed that the slayer was actuated by malice; and… the burden of proof is on him to show that the was not; that the act was either justifiable or excusable” .
“pon an indictment for sending a threatening letter, the meaning and intent of the writer may be shown by other letters written, or verbal declarations made, before and after the letter in question.” “Evidence of facts transacted three months before, and one month afterwards, has been received to prove guilty knowledge in a charge of forgery…”
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