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<head>58</head> | |||
<head>THEFT</head> | <head>THEFT</head> | ||
<p>in all its present Minuteness: is covering at once<lb/> | <p>in all its present Minuteness: is covering at once<lb/> | ||
all those Inlets to Impunity under equal | all those Inlets to Impunity under equal guilt, which<lb/> | ||
an acute and interested Examination of the subsisting<lb/> | an acute and interested Examination of the subsisting<lb/> | ||
Doctrine might discover.</p> | Doctrine might discover.</p> | ||
<p>But here again another Question<lb/> | <p>But here again another Question<lb/> | ||
may occur (for it has already occurred to Writers<lb/> | may occur (for it has already occurred to Writers <hi rend='superscript'>+</hi> <note>v. Hale's Hist. P.C le Com<del>mon</del>.<!-- Editor's note: i.e. Matthew Hale's 'History of Common Law' (1713) --></note> | ||
<lb/> | |||
in other Words) whether the presence of this Consciousness<lb/> | in other Words) whether the presence of this Consciousness<lb/> | ||
is to be left to the Jury,(to whom | is to be left to the Jury,(to whom I refer the Cognizance<lb/> | ||
of it without Hesitation for the Reasons mentioned<lb/> | of it without Hesitation for the Reasons mentioned<lb/> | ||
under the word "Taking") to infer <del>without further</del><lb/> | under the word "Taking") to infer <del>without further</del><lb/> | ||
<del>Rule</del> by their Discretion; <add>without further rule</add> or whether any such points<lb/> | <del>Rule</del> by their Discretion; <add>without further rule</add> or whether any such points<lb/> | ||
of Behaviour from which it may be conclusively infer'd by | of Behaviour from which it may be conclusively <sic>infer'd</sic> by Law are<lb/> | ||
capable of being number'd &ascertained?</p> | capable of being <sic>number'd</sic> & ascertained?</p> | ||
<p>I have taken no small pains to find an<lb/> | <p>I have taken no small pains to find an<lb/> | ||
Answer to this Question, and the Results is that I<lb/> | Answer to this Question, and the Results is that I<lb/> | ||
conceive they are reducible to one of these 4 viz:<lb/> | conceive they are reducible to one of these 4 viz:<lb/> | ||
1<hi rend='superscript'>st</hi>.Concealment of the < | 1<hi rend='superscript'>st</hi>.Concealment of the Act of taking 2<hi rend='superscript'>d</hi> Concealment<lb/> | ||
afterwards of the Thing taken. 3<hi rend='superscript'>d</hi> Concealment<lb/>of the <del>taking</del> Taker's own Person. 4<hi rend='superscript'>th</hi> Flight.</p> | |||
<p>I also carried on the Disquisition to a<lb/> | <p>I also carried on the Disquisition to a<lb/> | ||
still further Degree of Minuteness by | still further Degree of Minuteness by tracing<lb/> | ||
out other Circumstances which being such | out other Circumstances which being such <add>wherefrom</add></p> | ||
< | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
58 THEFT
in all its present Minuteness: is covering at once
all those Inlets to Impunity under equal guilt, which
an acute and interested Examination of the subsisting
Doctrine might discover.
But here again another Question
may occur (for it has already occurred to Writers + v. Hale's Hist. P.C le Common.
in other Words) whether the presence of this Consciousness
is to be left to the Jury,(to whom I refer the Cognizance
of it without Hesitation for the Reasons mentioned
under the word "Taking") to infer without further
Rule by their Discretion; without further rule or whether any such points
of Behaviour from which it may be conclusively infer'd by Law are
capable of being number'd & ascertained?
I have taken no small pains to find an
Answer to this Question, and the Results is that I
conceive they are reducible to one of these 4 viz:
1st.Concealment of the Act of taking 2d Concealment
afterwards of the Thing taken. 3d Concealment
of the taking Taker's own Person. 4th Flight.
I also carried on the Disquisition to a
still further Degree of Minuteness by tracing
out other Circumstances which being such wherefrom
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Identifier: | JB/073/067/001"JB/" can not be assigned to a declared number type with value 73. |
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073 |
law in general |
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067 |
theft |
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001 |
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copy/fair copy sheet |
1 |
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recto |
f58 |
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[[watermarks::propatria [britannia motif]]] |
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23907 |
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