MOTIVE

The inducement, cause, or reason why a thing.ls done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it. Chat field v. Wilson, 5 Am. Law Reg. (0. S.) 528. "Motive" and "intent" are not identical, and an intent may exist where a motive is wanting. Motive is the moving power which impels to action for a definite result; intent is the purpose to use a particular means to effect such result. In the popular mind intent and motive are often regarded as the same thing; but in law there is a clear distinction between them. When a crime is clearly proved to have been committed by a person charged therewith, ths question of motive may be of little or no importance, ·but criminal intent is always e ential to the commi ion of a crime. People v. Molineux, 168 N. Y. 264, 61 N. ID. 286, 62 L. R. A. 193; Warren v. Tenth Nat. Bank, 29 Fed. Cas. 287. But motive is often an important subject of inquiry in criminal prosecutions, particularly where the case depends mainly or entirely on circumstantial evidence, the combination of motive and opportunity (for the commi ion of the particular crime by the person accused) being generally considered e ential linkl in a chain of such evidence, while the absence of all motive on the part of the prisoner is an admi ible ahd important item of evidence i:a his favor. [s. 801]