...that even gross fault is not equated to evil intent. [And this is the first extension of this original rule. Secondly, it is extended so that it may apply to statutes imposing capital punishment for homicide, which statutes receive an interpretation at common law. Therefore, they are to be understood to concern homicide committed with evil intent. Hence it is considered the rule in offenses...
2Cash Accounts, December 1773 (Washington Papers)
..., bond or free,” which included the provision that “any negroe, or other slave” convicted of the preparation or administration of medicines with intent to poison were to receive capital punishment “without benefit of clergy.” Those administering medicines without bad intent or consequence were allowed benefit of clergy; this allowed the culprit, to avoid the death sentence, and instead...