Incapable of criminal intention or malice; not of the age of discretion ; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the extent of being criminally responsible for his actions. Dolus auctoris non nocet successor! The fraud of a predecessor prejudices nor his successor.Dolus circuitu non purgatur. Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 22S. Dolus est machinatio, cum aliud dis- simulat aliud agit. Lane. 47. Deceit is an artifice, since it pretends one thing and does another.D olus et fraus nemini patrocinentur, (patrocinari debent.) Deceit and fraud shall excuse or benefit no man. Year. 14 Hen. VIII. 8; Best, Ev. p. 409.
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