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1826. May 17.<lb/>6<head>Penal Code</head><lb/><note>Ch. VI. Offences affect<add>g</add> use of prop. | |||
§. 10. Stealing</note><p>money</p><p>Supposing continuance given to the reign of the<lb/><gap/> over this <del>new</del> field of delinquency, many and <gap/> are the questions that might<lb/>be raised out of it. A. extracts the carrots. <del>B.<lb/>with or without previous concert with A. laying</del><lb/>them <del>upon</del> <add>in</add> a cart brought for that purpose. B. seeing<lb/>this, with or without concert with A. takes them with<lb/>or without the cart and with the same intention<lb/>of clandestinity as against the owner and escape<lb/>from justice, carries them off. On the part of<lb/>A. it would be no crime <add>thence not punishable</add> — no more than what is<lb/>called a civil injury. But how would it be in<lb/>the case of B? It might be a crime or not a crime<lb/>according as the judge happened to be in the humour<lb/>suppose it a crime. B. might in one of these cases be an<lb/>accessory; but, not being a creim, B. cannot be an<lb/>accessory to it for to crimes alone has the case of<lb/>an imputation of accessoryship any application.<lb/>Not that this reasoning need be any impediment in<lb/>the way of a <add>thorough</add> true English judge. <del>Over and over</del><lb/>numerous are the constructions much more strained<lb/>than this, which where occasion prompted have<lb/>been made by those same learned hands.<lb/>This is but one out of many similar cases of greater<lb/>difficulty which might <gap/> be put.</p> | |||
1826. May 17.
6Penal Code
Ch. VI. Offences affectg use of prop.
§. 10. Stealing
money
Supposing continuance given to the reign of the
over this new field of delinquency, many and are the questions that might
be raised out of it. A. extracts the carrots. B.
with or without previous concert with A. laying
them upon in a cart brought for that purpose. B. seeing
this, with or without concert with A. takes them with
or without the cart and with the same intention
of clandestinity as against the owner and escape
from justice, carries them off. On the part of
A. it would be no crime thence not punishable — no more than what is
called a civil injury. But how would it be in
the case of B? It might be a crime or not a crime
according as the judge happened to be in the humour
suppose it a crime. B. might in one of these cases be an
accessory; but, not being a creim, B. cannot be an
accessory to it for to crimes alone has the case of
an imputation of accessoryship any application.
Not that this reasoning need be any impediment in
the way of a thorough true English judge. Over and over
numerous are the constructions much more strained
than this, which where occasion prompted have
been made by those same learned hands.
This is but one out of many similar cases of greater
difficulty which might be put.
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Identifier: | JB/067/333/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-05-17 |
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067 |
penal code |
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333 |
penal code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
a6 |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22166 |
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