JB/068/205/001

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1826. May 8
Penal Code

To be an accessory to an offence in such sort
as to present a demand for punishment, a person must
have been privy to the design which on the part of the principal
constitutes the criminality of it: furnishing he who has furnished a
prisoner with poison is not to the purpose of punishment
a fellow prisoner unless when furnishing it he was apprized
of the use purpose it was intended to be applied to.

Sicarius borrows of Locator a forelock alledging
that it is for the defence of his house which the night before
he says was attacked in vain but with threats of repetition
the next night with greater force. The allegation false: what
Sicarius expected was, the passage of a traveller on a
road near to the house, with money to a considerable
amount, of which accordingly by murdering him without
warning he possesses himself. In this case, the physical act with its physical result, and the physical evils attached to it were the same, that is to say the evil of the first order with its domestic evil consequences. To the design of eventual
homicide Locator was privy: but not to the circumstance
from by which alone the evil mischief of the second order was produced,
the danger and alarm to the vicinage.

But when in time, it is clear that the alledged
accessory was with relation to the evil of the first order, it will
always be matter for consideration whether he may not have
also been so with relation to the circumstances by on which the
evil of the second order is constituted had its rise.

Identifier: | JB/068/205/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-05-08	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	205	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22400
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