137 A. 244 STATE vs. SMITH BUDGE Supreme Judicial Court of Maine. Penobscot. Opinion May 10, 1927. Misadventure is no excuse only as to offenses that are malum in se. In an ac malum prohibitum misadventure may excuse. If, however, the unlawful act was the proximate cause of the accident, misadventure will not be present, […]