Legal Opinion · Dissent

State v. Parish

Idaho Supreme Court

Decided May 2, 1957No. 8447Published

1DissentTaylor, Justice

The offense of failing to stop at the scene of an accident is purely statutory. The statute does not make intent an element of the crime. It is malum prohibitum. No mens rea, or wicked motive, is within the contemplation of the statute. State v. Wojahn, 204 Or. 84, 282 P.2d 675. Therefore, criminal intent cannot be read into the statute by implication. Cf. Morissette v. U. S., 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.

The intent referred to in § 18-114, I.C. arises out of the intentional doing of the interdicted act. “The intent or intention is manifested by the circumstances connected with…

2Cases cited42 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. BalintSupreme Court of the United States · 1922
  3. United States v. BehrmanSupreme Court of the United States · 1922
  4. State v. McMahanIdaho Supreme Court · 1937
  5. State of Oregon v. WojahnOregon Supreme Court · 1955

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