INTENT
Presumptions as to Intent
It is presumed that a person intends the natural consequences of his or her voluntary acts.{footnote}Check Cal. § 660 et seq.{/footnote} A written contract is presumed to reflect the intentions of the parties.{footnote}In re Estate of Law, 28 Ill. App. 3d 98, 327 N.E.2d 609 (3d Dist. 1975)(presumption given more weight than usual where one party is deceased).{/footnote} Where a person is charged with a crime of general intent, they fact that they engaged in the proscribed conduct gives rise to a presumption that they intended to do so.{footnote}Check Cal. § 665.{/footnote}
Intent to Sell Narcotics. By statute, the possession of a substantial amount of narcotics often gives rise to a presumption of an intent to sell.{footnote}60 ALR3d 1128.{/footnote}
Relevance of Intent
[West sec. 108]
Res Gestae
Opinion as to Intent
Opinion testimony as to a criminal’s intent may be excluded where it is not an element of the crime charged.{footnote}Schindler v. United States, 221 F.2d 743 (9th Cir.), cert. denied, 350 U.S. 938, 76 S.Ct. 310, 100 L.Ed. 819 (1956). [Check Schindler v. United States, 208 F.2d 289 (9th Cir.), cert. denied, 347 U.S. 938, 74 S.Ct. 633, 98 L.Ed. 1088 (1954).{/footnote} See also OPINIONS–Lay Opinion.
Hearsay Exception
Statements respecting the declarant’s present intentions are admissible under an exception to the hearsay rule.{footnote}FRE 803(3); Shelden v. Barre Belt Granite Employer Union Pension Fund, 25 F.3d 74 (2d Cir. 1994); United States v. Willliams, 704 F.2d 315 (6th Cir.), cert. denied, 104 S.Ct. 481 (1983).{/footnote} See also "STATE OF MIND" EXCEPTION.
Related Articles
OTHER ACTS, TRANSACTIONS OR OCCURRENCES–TORTS: Past conduct showing motive or intent.