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1826. April 2.
Penal Code
Ch. III Offences person & Rep.
§ 3 Challenging
In the case where (military arms)
weapons of the military kind are employed
five six distinguishable results are the conjunct objects of the
conjunct. 1. corporal vexation simple. 2. Disablement
temporary. 3. Disablement permanent:
4. Disfigurement. 5. mutilation. 6. death.
10. Fighting challenging with deadly weapons results
1 Corporal vexation simple
2 Disablement temporary
3 do permanent
4 Disfigurement
5 Mutilation
6 Death
In this case, among the means of
repression, compensation will apply
to the results actually produced: Punishment
to the least afflictive of all six unless
it be with the exception of simple corporal
vexation and temporary disablement:
unless what appears to have been the special
purpose in view, could not have been accomplished,
without one or other, as the
case may be, of the more afflictive wrongs.
11
Compensation & punishment applicable
to all these results results
By of the compensation awarded, the inducement
will be to make amends for the evil
of the first order; on the score of the evil
of the second order. That is to say, danger
and alarm provision will be made, by adapting
the punishment, not to the evil
actually produced, but to the evil which
appears to have been intended. But
12
Compensation for evil
of 1st order punishment
on the score of evil of 2nd
order to evil intended
Identifier: | JB/016/056/001 "JB/" can not be assigned to a declared number type with value 16.
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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5863 |
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