EVIDENCE.

OBSERVATIONS.

practice the first count of the indictment charges an intent to murder under the 2d section; see ante, p. 328. The intent to maim, or etc., must be proved as laid; hence the necessity in cases of doubt of charging the various intents named in the section. If the intent be charged to murder, to disable, and to do some grievous bodily harm; this would not be supported by proof of an intent to prevent a lawful apprehension (c); unless, for the purpose of effecting his escape, the party charged harboured one of the intents laid (d). Though a defendant may have had an intent different from that charged, yet if he had also another intent which is charged and proved, it is enough; as where in order to commit a rape, the defendant cut the private parts of an infant, and the jury found that he did this with intent to do her grievous bodily harm, this was held to support a count charging such intent; notwithstanding his principal object was to commit a rape (e). As to the construction of the words "cut, stab, or wound," see ante, p. 328, n.; and as to the words by which the several intents are described in the section, p. 334, n. As to the implication of persons aiding and abetting, in the guilt of the principal; see ante, p. 331, n. Failing in the proof of the intent, a conviction may be had for an assault under the 11th section of the statute; ante, p. 2.

(c) Duffin's case, R. & R. 365; Boyce's case, 1 Mood. C. C. 29. (d) Gillow's case, Id. 85.

(e) Cox's case, R. & R. 362; and see 1 East, P. C. 400.

Prove that the defendant shot at, or attempted to shoot at, the party named (a), as may be alleged-the intent as laid (see Observations, p.333, ante)— or some one of them (see p.334, n.) from the circumstances; see ante, p. 325, (b). Rosc. Cr. Ev. 2 ed. 727; Arch. 8 ed. 451.

Prec. of Indict. Id.; Matt. C. L. App. 126.

See the Observations on this offence with intent to murder, ante, p. 331; and also those ou the offence of stabbing, with the several intents in this section; ante, p. 335. The Observations as to the indictment, and allegations of the intent, all apply to this offence also. As to what are loaded arms within this section, see Observations, ante, p.331. As to the construction of the words, under which

the several intents are described in this section, see note, p. 334. As to implication of aiders and abettors in guilt of principal; see note, p. 331. If none of the intents charged are proved, a conviction may be had for an assault under 11th section of the statute, ante, p. 2.

OFFENCE.

PUNISHMENT.

OFFENCES AGAINST THE PERSON-continued.

Sending ("send or deliver to, or cause to be taken or received by any person") "any explosive substance or other dangerous or noxious thing," with intent "to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person," and whereby "any person shall be burnt, maimed, disfigured, or disabled, or receive some other grievous bodily harm." (F.)

7 Wm. IV. & 1 Vict. c. 85, ss. 5, 8.

Transportation for LIFE, or for not less than FIFTEEN years; or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; such confinement not exceeding one month at any one time, nor three months in any one year.

OFFENCE.

PUNISHMENT.

OFFENCES AGAINST THE PERSON-continued.

Shooting "at any vessel or boat belonging to her Majesty's navy, or in the service of the revenue, within one hundred leagues of any part of the coast of the United Kingdom;" or at

any officer of the army, navy, or marines, being duly employed for the prevention of smuggling, and on full pay, or any officer of customs or excise, or any person acting in his aid or assistance, or duly employed in the prevention of smuggling, in the due execution of his office or duty." (F).

3 & 4 Wm. IV. c. 53, s. 59.

Maiming ("maim or dangerously wound ")" any officer, etc." (as supra), "duly employed in the prevention of smuggling, in the due execution of his office or duty." (F). 3 & 4 Wm. IV. c. 53, s. 59.

Transportation for LIFE, or for not less than FIFTEEN years; or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; such confinement not exceeding one month at any one time, nor three months in any one year. 7 Wm. iv. & 1 Vict. c. 91, ss. 1, 2.

Same as supra.

OFFICES (4).—(See titles BRIBERY, ante, p. 40; EXTORTION, ante, p. 103; MAGISTRATE, ante, p. 246.)

(A) It is a general rule, that a public officer is indictable for misbehaviour in his office (1); or where he neglects a duty incumbent upon him by common law, or by statute (2). Thus a coroner (3), a constable (4), a sheriff (5), a gaoler (for barbarously misusing his prisoners) (6), an overseer of the poor (7); are indictable for not performing their several duties. Overseers of the poor are punishable for misuing paupers, as by lodging them in unwholesome apartments (8); or by exacting labour from such as are unfit for work (9). Where the indictment against an overseer stated, that he had under his care a poor woman belonging to his township, but neglected to provide for her necessary meat, etc., whereby she was reduced to a state of extreme weakness, and afterwards through want, etc., died, the defendant was (1) Anon. 6 Mod. 96.

(*) Per Cur. Wyat's case, 1 Salk. 380.

(3) 2 Chitt. C. L. 255; 1 Russ. 141; see Obs. ante, p. 247.

(4) Wyat's case, ante, see Observations, post, p. 345; and title EXTORTION, ante, p. 103.

(5) Antrobus' case, 6 C. & P.

784.

(6) 1 Hawk. c. 66, s. 2. (7) Tawney's case, 1 Bott. 333; see post, p. 343, n.

(8) Wetheril's case, Cald. 432. (9) Winship's case, Id. 76.