“so long as he believes it to be his own, he cannot feloniously steal it.”
“if no specific intent or other special mental element is required for guilt of the offense charged, a mistake of fact will not be recognized as an excuse unless it was based upon reasonable grounds.”
-An honest mistake of fact or law is a defense when it negates a required element of the crime.
-Defendant was entitled to an acquittal since the specific intent required to be proved as an element of the offense had not been established.
-Mistake of fact: reasonable and in good faith when defendant charged w/ a specific intent crime.
-General Intent: have to act reasonable.
-Specific Intent: can act unreasonable if in good faith.
Perkins Rule - Mistake of Fact
1) Is the offense general intent, specific intent, or strict liability?
MORAL WRONG DOCTRINE
LEGAL WRONG THEORY