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11<add>th</add> Sept<add>r</add> 1825<lb/><note>Ch. 1. Offences affect<add>g</add> <add>body</add> Person<lb/>(3 §.6. Homicide</note><p><note>5<lb/>Where death unintentional<lb/>in the scuffle<lb/>punishment ought not<lb/>to be so great as where<lb/>death is afterwards<lb/>inflicted for suppression of<lb/>evidence</note><lb/>2. For the case <gap/> where death is the result<lb/>of a scuffle as above, the punishment should not be so<lb/>great, as for the case, where all <add>apprehension of</add> resistance being at an end<lb/>the robbee being unarmed and the plunder seized &<lb/>secured by the robber, he at the same time or immediately<lb/>afterwards puts the robbee to death for the purpose<lb/>of extinguishing his otherwise incriminating evidence. Why?<lb/>Because in this case every person who without sufficient means<lb/>of defence travels alone apprehends at the hands of the robbee<lb/>& others guarded by the same sinister prudence, loss<lb/>not only of property but of life.</p><p><note>6<lb/>But <add>still</add> for this homicide<lb/>for suppression of evidence<lb/>punishment sho<add>d</add> not<lb/>be so great as for<lb/>homicide without<lb/>warning for the purpose<lb/>of placing in his<lb/>power the subject<lb/>matter of intended<lb/>depredation</note><lb/>3. For the offence of him by whom this sinister prudence<lb/>has been manifested, still the punishment should not be<lb/>so great, as for the offence of him who without warning makes<lb/>his attack with a mortal weapon, as the necessary means<lb/>of placing in his power the subject-matter of his intended<lb/>depredation. Why? Because in the last preceding case<lb/>he alone has to <!-- The preceding four words are circled. --> to him alone is the fear of death<lb/>present, by whose death <gap/> a promise of escape from<lb/>punishment to wit by extinction of evidence, is afforded:<lb/>whereas in the last mentioned case no chance of safety to<lb/>the intended victim is left.</p> | |||
11th Septr 1825
Ch. 1. Offences affectg body Person
(3 §.6. 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 robbee
& 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.
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Identifier: | JB/067/212/001"JB/" can not be assigned to a declared number type with value 67. |
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1825-09-11 |
5-6 |
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067 |
penal code |
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212 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
e3 |
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richard doane |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22045 |
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