2.
It is positive or presumed. 1. Positive or direct coercion takes place
when a man is by physical force compelled to do an act contrary to his
will; for example, when a man falls into the hands of the enemies of his
country, and they compel him, by a just fear of death, to fight against
it.
3.
- 2. It is presumed where a person is legally under subjection to
another, and is induced, in consequence of such subjection, to do an act
contrary to his win. A married woman, for example, is legally under the
subjection of her husband, and if in his company she commit a crime or
offence, not malum in se, (except the offence of keeping a bawdy-house,
In which case she is considered by the policy of the law as a principal,
she is presumed to act under this coercion.
4.
As will (q. v.) is necessary to the commission of a crime, or the
making of a contract, a person coerced into either, has no will on the,
subject, and is not responsible. Vide Roscoe's Cr. Ev. 7 85, and the
cases there cited; 2 Stark. Ev. 705, as to what will, amount to coercion
in criminal cases.
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