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Paragraphs, 721.
Paraphernal Property, 721.
Parceners, 721.
PARDON, 721.
PARENT AND CHILD, 723.
Pari Delicto, 736.
Pari Materia, 736.
Parks, 736.
Parliamentary Law, 736.
Parlor Cars, 736.
Parol Agreements, 736.
Parol, 737.
Parol Evidence, 737.
Parol Gift, 737.
Parol Leases, 737.
Parol Mortgages, 737.
Parol Partition, 737.
Parol Trusts, 737.
Partial Assignment, 737.
Partial Failure of Consideration, 737.
Partial: Invalidity, 737.
Partiality, 737.
Partial Loss, 737.
Partial Payments, 738.
Particeps Criminis, 738.
Particulars, Bill of, 738.
PARTIES, 738.
PARTITION, 779.
Partition Fences, 812.
PARTNERSHIP, 813.
Party Owners, 900.
Part Payment, 900.
Part Performance, 900.
Party Aggrieved, 900.
Party WALLS, 901.
Passage Money, 903.
Pass Book, 903.
Passenger Cars, 903.
Passengers, 903.
Passenger Ticket, 903.
Passes, 903.
Passion, 903.
Passive Trusts, 903.
Pass Ways, 903.
Past Consideration, 903.
Past Due Paper, 903.
Pasturage, 904.
Patent Ambiguity, 904.
Patent for Land, 904.
PATENTS, 904.
Paternity, 905.
Patient, 905.
Patrimony, 905.
PAUPERS, 905.
Pauper's Oath, 906.
Pavements, 906.

Pay, 906. Pay Check, 907. Payee, 907. PAYMENT, 907. Payment into Court, 938. Peace, 938. Peaceable Assembly, 938. Peaceable Possession, 938. Peace Bond, 938. Peace Officers, 938. Pecuniary Conditions, 938. Pecuniary Consideration, 938. Pecuniary Interest, 939. Pecuniary Legacies, 939. Peddiers, 939. Pedestrians, 939. Pedigree, 939. Penal Actions, 939. Penal Bonds, 939. Penal Institutions, 939. Penal Statutes, 939. PENALTIES, 940. Pendency of Action, 942. Penetration, 942. Penitentiaries, 942. Peonage, 942. Per Capita, 942. Percolating Waters, 942. Per Curiam, 942. Per Diem, 942. Peremptory Challenge, 942. Peremptory Instructions, 942. Peremptory Nonsuit, 943. Peremptory Plea, 943. Peremtory Writ, 943 Perfecting Appeal, 943. Perfecting Bail, 943. Perfecting Title, 943. Perils of the Sea, 943. Perishable Goods, 943. PERJURY, 944. Permanent Alimony, 952. Permanent Disability, 952. Permanent Injunction, 952. Permanent Injuries, 952. Permissive Entry, 952. Permissive Occupancy, 953. Perpetual Injunction, 953. Perpetuation of Testimony', 953. PERPETUITIES, 953. Personal Action, 958. Personal Baggage, 959. Personal Communications, 959. Personal Contract, 959. Personal Covenants, 959. Personal Disabilities, 959.

Personal Injuries, 959.
Personal Knowledge, 959.
Personal Liability, 959.
Personal Liberty, 959.
Personal Name, 960.
Personal Property, 960.
Personal Relations, 960.
Personal Representative, 960.
Personal Security, 960.
Personal Service, 960.
Per Stirpes et Per Capita, 960.
Persuasion, 960.
Pesthouse, 960.
Petition, Right of, 961.
Petitions in Pleading, 961.
Petit Jury, 961.
Petit Larceny, 961.
Petitory Actions, 961.
Petroleum, 961.
Pews, 961.
Philanthropic Purposes, 961.
Photographs and Photographers, 961.
Physical Condition, 961.

Physical Examination, 961.
Physical Suffering, 962.
PHYSICIANS AND SURGEONS, 962.
Pickpockets, 973.
Pictures, 973.
Piers, 973.
Pignorative Contracts, 973.
Pigs, 973.
Pilots, 973.
Pious Uses, 973.
Pistols, 973.
Placer Mining-Placer Claims, 973.
Plaintiffs, 974.
Plants, 974.
Platforms, 974.
Plats, 974.
Play, 974.
Plays, 974.
Plea, 974.
PLEADING, 975.
Plea in Abatement, 1115.
Plea to Jurisdiction, 1115.

Encyclopedic Digest of Alabama Reports

MAYHEM.

§ 1. Nature and Elements of Offenses.
§ 2. Defenses.
§ 3. Persons Liable.
§ 4. Indictment and Information.
§ 5. Trial.

Cross References. As to abbreviated assaults, wounding, etc., without maiming or attempt to maim, see the title ASSAULT AND BATTERY. As to assault and robbery with intent 10 maim person robbed as necessary, see the title ROBBERY. As to civil liability for mayhem, see the title TRESPASS. As to conviction of assault as former jeoçardy in a prosecution for mayhem, see the title CRIMINAL LAW. As to right of one charged with mayhem to release on bail, see the title BAIL.

§ 1. Nature and Elements of Offenses. out an entire mutilation of a member;

The statutory offense of mayhem but the biting off a small portion of the (Code, § 3105) may be committed on a

ear, which does not disfigure the person, slave. Eskridge v. State, 25 Ala. 30.

and could only be discovered on close Intent, Malice, and Premeditation.— inspection or examination, when attenWhere an eye was put out in a sudden tion is directed to it, is not mayhem. conflict, it is not necessary, to support State v. Abram, 10 Ala. 928. an indictment for mayhem, that it Code 1896, § 5095, provides that one should appear

the defendant premedi- who "unlawfully, maliciously and intentated the act. It is sufficient if it appear tionally cuts, bites or strikes off an ear" to have been done maliciously and on of another person is guilty of mayhem. purpose, from a design formed during the Held, that the injury to the ear must be conflict. State v. Simmons, 3 Ala. 497. such as disfigures to ordinary observa

An act is maliciously done when it is tion, as distinguished from a wounding done on purpose, and with evil intent; which simply mars the member. Green and whether an act, attempted with evil V. State, 44 So. 194, 151 Ala. 14. intent, results in the unlawful purpose intended, or in some other evil and un

§ 2. Defenses. lawful purpose, makes no difference in Self-defense is a justification of an the guilt of the perpetrator. The thing act of mayhem, providing the resistance done, having proceeded from a mind is proportionate to the injury offered. bent on

mischief, is done maliciously. Green v. State, 44 So. 194, 151 Ala. 14. And the biting off an ear, if done mali- On trial of an indictment for mayhem, ciously, intentionally, and unlawfully, is an instruction asked that the defendant mayhem. Molette v. State, 49 Ala. 18, 20. ought to be acquitted "if he bit off the

Mode or Means of Committing Of- ear under the instinct of self-defense" fense, and Extent of Injury.-By disa- was properly refused. Molette v. State, bling a limb or member, the statute of 49 Ala. 18. 1807 (Aiken's Dig., p. 102) contemplates

§ 3. Persons Liable. a permanent injury, such as would constitute mayhem at

common law. The Where a principal, charged with the temporary disabling of a finger, an arm, offense of mayhem, has been

found or an eye is not sufficient to constitute guilty, a person charged as accessory the offense. State v. Briley, 8 Port. 472. may be found guilty of the beating only;

The offense may be committed with-| the probable consequences of his acts

re

extending no further. State v. Absence, certain elements of self-defence. Green 4 Port. 397.

v. State, 151 Ala. 14, 44 So. 194. § 4. Indictment and Information.

In a prosecution for mayhem, a Where an indictment charged an of- quest for a charge that if accused and fender, under the statute against may- mortal strife, and the injured person

the injured person were engaged in a hem, with doing the unlawful act with

was armed with a deadly weapon and malice aforethought, and

contains

accused was unarmed, and while so enproper allegations of time and place, gaged accused bit off a small portion of with a formal commencement and con- the injured person's ear, accused must clusion, it is sufficient. State v. Briley, be acquitted, was properly refused, as 8 Port. 472.

not including all the elements of self§ 5. Trial.

defense. Green v. State, 151 Ala. 14, 44 The prisoner being indicted for may- So. 194. hem of a slave, the evidence showed In a prosecution for mayhem, a request that he shot the slave in the leg, render-1 for a charge that, before the accused ing its amputation necessary, and "that could be convicted, the jury must be the shot seemed to go together, making satisfied beyond a reasonable doubt that a continuous wound.” The court charged the act was done unlawfully, intentionthe jury “that, as there was no proof of ally, and with malice aforethought, was the distance between the prisoner and properly refused, since the term “malice the slave when the wound was inflicted, aforethought" is not necessarily synonthey might look to the character of the ymous with "maliciously," as used by wound, for the purpose of determining the statute defining mayhem. Green v. whether he fired the gun with the veiw State, 151 Ala. 14, 44 So. 194. of striking and disabling the leg." Held, Charges to Jury as to Constituents of that the charge was not erroneous. Esk- Offense.—Under an indictment for mayridge v. State, 25 Ala. 30.

hem, by biting off an ear in a fight (Rev. Instructions. In prosecution for Code, § 3669), a charge which instructs mayhem, a request for a charge that if the jury "that if they believe from the accused cut, bit, struck off, or mutilated evidence, that the defendant did not dethe of the injured person while sign to bite the ear” of the prosecutor fighting with him in self-defense, and any more than his cheek or other poraccused was free from fault in bringing i tion of his face,” they must acquit the on the difficulty, he must be found not defendant, is properly refused. Molette guilty, was properly refused, as lacking ' v. State, 49 Ala. 18.

a

ear

Mayor.
See the title MUNICIPAL CORPORATIONS.

Mayor's Court. See the titles COURTS; CRIMINAL LAW; MUNICIPAL CORPORATIONS.

Meandering Waters.
See the titles BOUNDARIES; WATERS AND WATERCOURSES.

Measure of Damages.
See the title DAMAGES, and see the appropriate specific titles.

Measures. See the title WEIGHTS AND MEASURES. As to measures in boundaries, surveys, etc., see the titles BOUNDARIES; EVIDENCE; PUBLIC LANDS. As to measuring logs and timber, see the title LOGS AND LOGGING.

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