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1826. May 17.
3. Penal Code
Ch. VI. Offences affectg use of prop.
§. 10. Stealing
cases.
As already observed, numerous in the extreme
not to speak of others in embryo, have been the
cases, in which an aggravation of the one of the offences
has been assumed for the purpose of attaching to it
a correspondent extra punishment. The grades gradations
in the punishment, in so far as the punishment
is , and thence measured by duration — of
the magnitude of the number of years given to it
are measured without difficulty. But with few or
no exceptions, the degradations in respect to
the commission of the offence without detection
and arrestation are altogether unsusceptible
of mensuration: what difference there is, is
not greater between species and species of offence
thus constituted, than between individual and
individual of the same species. This would be
an objection and suffice for a peremptory one, if the
gradations in regard to the offence were not more
numerous than those in the punishments provided
for them. But they have been in fact, in a prodigious
degree more numerous — and in possibility and even probability, judging
from the past, they are in an indefinite degree more numerous. Thus thence it
should seem, that when the principale came to be applied, with anything like
correctness and consistency, instead of promoting it would counteract its
own purpose.
Identifier: | JB/067/330/001 "JB/" can not be assigned to a declared number type with value 67.
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j whatman turkey mill 1824 |
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