GUILT. That which renders criminal and liable to punishment.
That disposition to violate the law, 'which has manifested itself by some act already done. The opposite of innocence. See Ruth erf. Inst. b. 1, c. 18, B. 10.
In general, every one is presumed innocent until guilt has been proved ; but in some cases the presumption of guilt overthrows that of innocence ; as, for example, where a party destroys evidence to which the oppo site party is entitled. The spoliation of pa pers material to show the neutral character of a vessel furnishes strong presumption against the neutrality of the ship ; The Pi zarro, 2 Wheat. (U. S.) 227, 4 L. Ed. 226.
The state or condition of a per son who has committed a crime, misdemean or, or offence.
This word implies a malicious intent, and can only be applied to something universally allowed to be a crime. Cowp. 275.
In Pleading. A plea by which a defendant who is charged with a crime, misdemeanor, or tort admits or confesses it. In criminal proceedings, when the accused is arraigned, the clerk asks him, "How say you, A. B., are you guilty or not guilty?" His answer, which is given ore tenus, is called his plea; and when he admits the charge in the indict ment, he answers or pleads guilty; other wise, not guilty. See CULPRIT ; ARRAIGNMENT.
A plea of guilty in a capital case should not be received unless the court is satisfied that "it is made by a person of complete in telligence, freely and voluntarily, and with a full understanding of the nature and effect of the plea and of the facts upon which it is founded" ; Green v. Coin., 12 Allen (Mass.)
155 ; in Henning v. People, 40 Mich. 733, a judgment was affirmed when it appeared that the trial judge had had repeated interviews with the prisoner's counsel and friends and made full inquiry and considered that the plea was made with every circumstance of fairness and deliberation. The subject is regulated by statute in Michigan and in Tex as. In Coleman v. State, 35 Tex. Cr. R. 404, 33 S. W. 1083, where the record stated that the defendant had pleaded guilty after being by the court fully warned of the consequenc es of such plea, the appellate court held that it did not sufficiently appear that the prison er was considered sane by the court, or that he was uninfluenced by any fear, or by any persuasion or any hope of pardon, and that these matters should have been presented to the court and the findings made a part of the record. So also where the judgment re cited that the defendant "had been duly and legally warned by the court, in open court, of the legal consequences" of such plea; Sanders v. State, 18 Tex. App. 372. See 22 L. R. A. (N. S.) 465. In State v. Johnson, 21 Okl. 40, 96 Pac. 26, 22 L. R. A. (N. S.) 463, it was held that accepting such a plea without cautioning the prisoner as to the gravity of his admission, or taking evidence as to the gravity of the crime, is not accord ing to the forms of law.