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HOMICIDE.
Memor.m
Qu. whether to make a provision to exempt rioters assembled without any express murderous intentions
where yet killing ensues (as on popular accounts) from the mutilation - inside
or only to leave it upon the general power of Pardoning? semble, the latter but.
If the accidental kind appears manifestly to have been the killing of Nathaniel
Cony for which an Earl of Pembroke was tried for Murder and found guilty of
Manslaughter + + 4th of April 1678. 2 St. Tr. 637. — they were both, with other company very much in liquor — The Earl provoked at
a resolute speech of Cony, which tho' proper enough & becoming, could not fail of galling
the person to whom it was adressed, fell upon him knocked him down with one blow
of his hand and gave him one kick with his foot — This insolence meeting with
such a state of Body, habitually distempered by the same courses threw him into a disorder, which after a shew of recovery
terminated in his death. What is there in all this, to import any intention even a sudden intention one of killing?
And what still further puts it out of doubt is that the same Earl had and another
Company had but just drawn their swords upon one another
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legislation |
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211 |
homicide intentional in the 2d degree examp. e. pembroke 3d degree ld mohun indirect - jews drowned |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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