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JB/067/212/001

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11th Septr 1825
Ch. 1. Offences affectg body Person
(3 §.b. Homicide

5
Where death unintentional
in the scuffle
punishment ought not
to be so great as where
death is afterwards
inflicted for suppression of
evidence

2. For the case where death is the result
of a scuffle as above, the punishment should not be so
great, as for the case, where all apprehension of resistance being at an end
the robbee being unarmed and the plunder seized &
secured by the robber, he at the same time or immediately
afterwards puts the robbee to death for the purpose
of extinguishing his otherwise incriminating evidence. Why?
Because in this case every person who without sufficient means
of defence travels alone apprehends at the hands of the robber
& others guarded by the same sinister prudence, loss
not only of property but of life.

6
But still for this homicide
for suppression of evidence
punishment shod not
be so great as for
homicide without
warning for the purpose
of placing in his
power the subject
matter of intended
depredation

3. For the offence of him by whom this sinister prudence
has been manifested, still the punishment should not be
so great, as for the offence of him who without warning makes
his attack with a mortal weapon, as the necessary means
of placing in his power the subject-matter of his intended
depredation. Why? Because in the last preceding case
he alone has to to him alone is the fear of death
present, by whose death a promise of escape from
punishment to wit by extinction of evidence, is afforded:
whereas in the last mentioned case no chance of safety to
the intended victim is left.




Identifier: | JB/067/212/001
"JB/" can not be assigned to a declared number type with value 67.

Date_1

1825-09-11

Marginal Summary Numbering

5-6

Box

067

Main Headings

penal code

Folio number

212

Info in main headings field

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e3

Penner

richard doane

Watermarks

j whatman turkey mill 1824

Marginals

george bentham

Paper Producer

jonathan blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

22045

Box Contents

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