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general proposition. That case is reported in 4 Rep. 43, in Moor. 461, as Goose's Case, and in Cro. Eliz, 540, as Goff v. Byby. It appears from these reports, that it was an appeal of murder against Bibithe as principal, and H. · David as accessory before the fact. On the trial of the principal he was found guilty of manslaughter only, and had his clergy. The trial was at Nisi Prius, and the Queen's Bench are reported to have held that the accessory before was discharged “because he cannot be accessory before the fact in case of manslaughter; for man. slaughter ought to follow upon sudden debate or affray, for if it be premeditated, it is murder" (4 Rep. 43), or because “the verdict for the principal has found that there was not any precedent intent to kill,” Cro. Eliz. 540. In none of the reports does it appear how the death was caused, and the decision plainly turned on what appeared on the face of the record. It may therefore well be, and the “sudden debate or affray” referred to rather leads to the inference, that the death was caused by violence inflicted on a single occasion, and the ruling may have been perfectly right, on the ground that that was the charge on the face of the record. But such a decision would clearly form no sufficient ground for a general rule applicable to all cases of manslaughter. It appears also that there was another sufficient ground for the decision; for the whole Court held that, as the principal had had his clergy after conviction and before judgment, the accessory was discharged. At all events since Reg. v. Gaylor, 1 D. & B. C. C. 288, it must be taken that there are cases in which there may be an accessory before the fact to manslaughter. There the prisoner gave a woman poison in order that she might take it and procure abortion, and she did take it in his absence, and died of its effects, and it was held that he was properly convicted as an accessory before the fact.

10. Where any person, being feloniously stricken, Provision poisoned, or otherwise hurt upon the sea, or at any for the

trial of place out of England or Ireland, shall die of such mo stroke, poisoning, or hurt in England or Ireland, or and manbeing feloniously stricken, poisoned, or otherwise slaughter

where the hurt at any place in England or Ireland, shall die death of such stroke, poisoning, or hurt upon the sea, or cause of at any place out of England or Ireland, every offence death only

happens in committed in respect of any such case, whether the England same shall amount to the offence of murder or of or Ireland. manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in the county or place in England or Ireland in which such death, stroke, poisoning, or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place.

Note.—This clause is taken from the 9 Geo. 4, c. 31, s. 8; and 10 Geo. 4, c. 34, s. 11 (I.).

Attempts to Murder. 11. Whosoever shall administer to or cause to be Adminisadministered to or to be taken by any person any tering

poison, or poison or other destructive thing, or shall by any wounding means whatsoever wound or cause any grievous bodily with intent harm to any person, with intent in any of the cases to murder. aforesaid to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This clause is framed from the 7 Will. 4 & 1 Vict. c. 85, s. 2.

As the general term “wound” includes every “stab ” and “cut," as well as other wounds, that general term has alone been used in these Acts.

All, therefore, that it is now necessary to allege in the indictment is, that the prisoner did wound the prosecutor; and that allegation will be proved by any wound, whether it be a stab, cut, or other wound.

Under the 1 Vict. c. 85, it was held that a wound must be inflicted by some instrument in order to come within that Statute. The terms “ by any means whatsoever" in that Act applied only to causing bodily harm; by this clause they are applied to wounding, in order to render it immaterial by what means the wound is inflicted, provided it be inflicted with the intent alleged. Rex v. Harris, 7 C. & P. 446 ; Rex v. Stevens, R. & M. C. C. 409; Jenning's Case, 2 Lew. 130; and Rex v. Murrow, R. & M. C. C. 456; and other similar cases cannot therefore be considered as authorities under the present clause.

As to the introduction of the words, “cause to be administered to," see note to s. 14, post, p. 27.

As to hard labour, &c., see ante, p. 5. .

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Destroying 12. Whosoever, by the explosion of gunpowder

or other explosive substance, shall destroy or damage maging a building any building with intent to commit murder, shall be with gun- guilty of felony, and being convicted thereof shall powder,

ant be liable, at the discretion of the Court, to be kept

Kolini with intent to murder. in penal servitude for life, or for any term not less

than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This clause is taken from the 9 & 10 Vict. c. 25, s. 2.

As to hard labour, &c., see ante, p. 5.

Setting fire to or casting away a

13. Whosoever shall set fire to any ship or vessel or any part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or

tent to

murder.

vessel, with intent in any of such cases to commit ship with murder, shall be guilty of felony, and being con- in victed thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, s. 4.

The words in italics were introduced for the same reason as it was made felony to set fire to goods, &c., in buildings.

As to hard labour, &c., see ante, p. 5.

14. Whosoever shall attempt to administer to or Attemptshall attempt to cause to be administered to or to be ing to taken by any person any poison, or other destructive noison or thing, or shall shoot at any person, or shall, by shooting or drawing a trigger or in any other manner, attempt attempting to discharge any kind of loaded arms at any person, attempting

ń to shoot or or shall attempt to drown, suffocate, or strangle any to drown, person, with intent, in any of the cases aforesaid, to &c. with

h intent to commit murder, shall, whether any bodily injury be

murder. effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.This clause is taken from the 7 Will. 4 & 1 Vict. c. 85, s. 3.

Where the prisoner delivered poison to a guilty agent, with directions to him to cause it to be administered to another in the absence of 'the prisoner, it was held that the prisoner was not guilty of an attempt to administer poison within the 7 Will. 4 & 1 Vict. c. 85, s. 3; Reg. v. Williams, 1 Den. C. C. 39; and the

words “ attempt to cause to be administered to or to be taken by," were introduced in this section to meet such cases.

The words “whether any bodily injury be effected or not,” are substituted for," although no bodily injury be effected,” in order to prevent an objection which might possibly have been raised on an indictment under the former clause, if it had appeared that any bodily injury had been effected.

As to hard labour, &c., see ante, p. 5.

other means

By any 15. Whosoever shall, by any means other than those

specified in any of the preceding sections of this Act, attempting attempt to commit murder, shall be guilty of felony, to commit and being convicted thereof shall be liable, at the dismurder.

cretion of the Court, to be kept in penal servitude for life or for any term not less than three years,or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This section is entirely new, and contains one of the most important amendments in these Acts. It includes every attempt to murder not specified in any preceding section. It will therefore embrace all those atrocious cases where the ropes, chains, or machinery used in lowering miners into mines have been injured with intent that they may break and precipitate the miners to the bottom of the pit. So also all cases where steam engines are injured, set on work, stopped, or anything put into them, in order to kill any person, will fall within it. So also cases of sending or placing infernal machines with intent to murder. See Rex v. Mountford, R. & M. C. C. 441, 7 C. & P. 242. Indeed the malicious may now rest satisfied that every attempt to murder, which their perverted ingenuity may devise, or their fiendish malignity suggest, will fall within some clause of this Act, and may be visited with penal servitude for life.

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