JB/068/181/001

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1826. July
Penal CodeCh. IV States of the mind &c

Example Supposition for exemplification sake. You have killed a man: it was with a drawn sword in the dark of the evening,
amidst a scene of confusion tumult. Supposition Case the 1t. Your
will did not go so much as to the giving motion to the sword. You
held it in your hand when a man flying running with all his might from the pursuit
of an aggressor ran unintentionally against your arm, and
thereby ga produced the fatal effect. Here the circumstance requisite
to render your will vitious failed was wanting as to the very act.

Case the Second. You gave intentionally motion to the sword, but it
was with the intention not of killing or wounding any man, but
of defending yourself against a furious mastiff dog which a man
had set against you. Here the circumstances necessary to render
your will vitious though not wanting as to the act which was the
cause of the mischief, were wanting as to the effect or say result.

Case the 3d. You held the sword in your hand: in the
course of the tumult the deceased run violently but unconsciously
against it and thus met his fate. Had you had any sufficient
reason for expecting a man him to take that direction and
with such violence, you would have turned your sword aside
and the accident hap would not have happened. But in your
situation no man would have apprehended expected in that direction
a rush so violent: your inadvertence was therefore not chargeable
with negligence.

Case the 4th. You aimed the wound at the deceased taking
him for a man whose intention it was to put you to death
for the purpose of gratifying his hatred towards you and at the
same time plundering your house. You aimed the sword at him
taking that chance which in such cases is taken for the producing
that one which may happen of a number of such
effects producible by the same cause, to wit a simple speedily curable wound and disablement
a lingering disease, an incurable disablement, disfigurement, mutilation or
death. Had your design been what his were In fact the deceased
so far from harbouring any such intention was a lover of justice
running to hastening to your assistance. But any man in your situation
might have made the same mistake allow once the same error. the deceased was a In stature and cloths and other circumstances he bore such a resemblance
to the malefactor as might
in the mind of any man,
have produced the mistake.

Identifier: | JB/068/181/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	181	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22376
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