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<p>[(A) Intoxication]<!-- [(A) ] written in pencil --> 1. It matters not by what means the intoxication | <p>[(A) Intoxication]<!-- [(A) ] written in pencil --> 1. It matters not by what means the intoxication | ||
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was produced : whether it be the particular | was produced: whether it be the particular | ||
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species of intoxication which is called drunkenness, vizs; | species of intoxication which is called drunkenness, vizs; | ||
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that which is produced by Wine and other fermented | that which is produced by Wine and other fermented | ||
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liquors ; or whether it be produced by op<hi rend='underline'>ium</hi> or any | liquors; or whether it be produced by op<hi rend='underline'>ium</hi> or any | ||
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other less common drug . | other less common drug. | ||
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<head>Instruction to the Judge.</head><!-- centred --> | <head>Instruction to the Judge.</head><!-- centred --> | ||
<p><!-- indent -->2. When intoxication is pleaded <del>as | <p><!-- indent -->2. When intoxication is pleaded <del>as an excuse</del> <add>in extenuation</add> let the Judge | ||
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beware of imposition . | beware of imposition. | ||
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<head>Main-Text</head><!-- centred --> | <head>Main-Text</head><!-- centred --> | ||
<p><!-- indented --><note>Extenuative force of intoxication , how measured .</note> The excuse <add>extenuation</add> afforded by intoxication is the more <sic>compleat</sic> , the more <sic>compleatly</sic> the man's reason appears to | <p><!-- indented --><note>Extenuative force of intoxication, how measured .</note> The excuse <add>extenuation</add> afforded by intoxication is the more <sic>compleat</sic>, the more <sic>compleatly</sic> the man's reason appears to | ||
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have been disturbed . | have been disturbed. | ||
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<del>of</del> in it, the force of this extenuation may amount to | <del>of</del> in it, the force of this extenuation may amount to | ||
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little or nothing . <hi rend='underline'>A mischievous drunkard is a voluntary madman .</hi> | little or nothing. <hi rend='underline'>A mischievous drunkard is a voluntary madman .</hi> | ||
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<head><del>Main-Text .</del></head><!-- centred --> | <head><del>Main-Text.</del></head><!-- centred --> | ||
<head>Extenuation V. Compulsion (by menacement.)</head><!-- right of centre, and extends into the right margin --> | <head>Extenuation V. Compulsion (by menacement.)</head><!-- right of centre, and extends into the right margin --> | ||
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some mischief<add>(A)</add><!-- written in pencil and added above the letters 'hief' of the previous word --> which is or appears<add>(B)</add><!-- written in pencil and added above the 'ears' of the previous word --> likely<add>(C)</add><!-- written in pencil and added above the 'ly' and 'space' of, and after, the previous word --> to ensue<add>(D)</add><!-- written in pencil and added above 'sue' and 'space' of, and after the previous word --> by means | some mischief<add>(A)</add><!-- written in pencil and added above the letters 'hief' of the previous word --> which is or appears<add>(B)</add><!-- written in pencil and added above the 'ears' of the previous word --> likely<add>(C)</add><!-- written in pencil and added above the 'ly' and 'space' of, and after, the previous word --> to ensue<add>(D)</add><!-- written in pencil and added above 'sue' and 'space' of, and after the previous word --> by means | ||
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of the intentional<add>(E)</add><!-- written in pencil and added above the 'nal' of the previous word --> act of some other person : to wit in case | of the intentional<add>(E)</add><!-- written in pencil and added above the 'nal' of the previous word --> act of some other person: to wit in case | ||
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the party said to be compelled omits to do that which he <add>is</add> | the party said to be compelled omits to do that which he <add>is</add> | ||
13.
C
Of Excuses Extenuations
Exposition.
[(A) Intoxication] 1. It matters not by what means the intoxication
was produced: whether it be the particular
species of intoxication which is called drunkenness, vizs;
that which is produced by Wine and other fermented
liquors; or whether it be produced by opium or any
other less common drug.
Instruction to the Judge.
2. When intoxication is pleaded as an excuse in extenuation let the Judge
beware of imposition.
Main-Text
Extenuative force of intoxication, how measured . The excuse extenuation afforded by intoxication is the more compleat, the more compleatly the man's reason appears to
have been disturbed.
— weaken'd by a habit of mischievous drunkenness. If the case be such that at the same time that a man
is habitually apt to put himself into a state of intoxication, he
Excuse V.th Compulsion.
is habitually apt to ruin be mischieveously disposed during the his continuance
of in it, the force of this extenuation may amount to
little or nothing. A mischievous drunkard is a voluntary madman .
Main-Text.
Extenuation V. Compulsion (by menacement.)
Compulsion (by menacement), what— It is an extenuation Excuse if the act be engaged in through Compulsion. Compulsion is constituted by the apprehension of
some mischief(A) which is or appears(B) likely(C) to ensue(D) by means
of the intentional(E) act of some other person: to wit in case
the party said to be compelled omits to do that which he is
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Identifier: | JB/071/011/001"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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011 |
of extenuations |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23414 |
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