attempt to commit murder, by any means other than those above specified. And even maliciously to send, knowing its contents, any letter or writing threatening to kill or murder any person is (by sect. 16) a felony, punishable by . imprisonment as above, with or without the addition of whipping, if the offender be a male under sixteen, or by the alternative sentence of penal servitude to the extent of ten years or for not less than five years. III. Conspiracy to murder.—This offence was, at common law, merely punishable by fine and imprisonment; but now, by 24 & 25 Vict. c. 100, s. 4, all persons who shall conspire, confederate and agree to murder any person, whether he be a subject of her Majesty or not, or within her dominions or not, or shall solicit, encourage, persuade or propose to any person to murder any other person, whether subject or not, shall be guilty of a misdemeanor punishable by penal servitude for not more than ten nor less than five years (o), or by imprisonment with or without hard labour for any term not exceeding two years (p). IV. Acts causing, or tending to cause, danger to life or bodily harm. Mayhem, (whence the modern phrase to maim,) is a civil injury; consisting, as we may remember, in the violently depriving another of the use of such of his members, as may render him the less able, in fighting, either to defend himself or to annoy his adversary. But it is also a heinous crime; and by the antient law of England, he that maimed any man whereby he lost any part of his body was sentenced to lose the like part, membrum pro membro (q). [But this went afterwards out of use; so that by the common law, as it for a long time stood, mayhem was only punishable by fine and imprisonment (r); with the exception, however, of the offence of mayhem by castration, (0) See 27 & 28 Vict. c. 47, s. 2. (p) As to a conspiracy, see post, C. VIII. (q) 3 Inst. 118; Brit. c. 55; 4 Bl. Com. 206. (r) Hawk. P. C. b. 1, c. 44, s. 3. [which all our old writers held to be felony; "et sequitur aliquando pœna capitalis, aliquando perpetuum exilium cum omnium bonorum ademptione" (s). And this, although such mayhem was committed on the highest provocation (t).] By different statutes, however, viz. 5 Hen. IV. c. 5, 37 Hen. VIII. c. 6, and 22 & 23 Car. II. c. 1,-called the Coventry Act (u),-specific provisions were, in course of time, made against the offence of maiming, cutting off, or disabling a limb or member (a). But these statutes have all been repealed, so far as regards the matter in question (y); and the provision now in force, viz., the 24 & (s) Br. 1. 3, tr. 2, c. 23. (t) Sir E. Coke (3 Inst. 62) has transcribed a record of Henry the third's time (Claus. 13 Hen. 3, m. 9), by which a gentleman of Somersetshire appears to have been indicted for dealing thus with John the monk, whom he had caught in adultery with his wife. (u) This Act was occasioned by an assault on Sir John Coventry, in the street, and slitting his nose; in revenge (as was supposed) for some obnoxious words uttered by him in parliament. (4 Bl. Com. 206.) (x) The Coventry Act made it a capital felony to disable with intent to maim or to disfigure. On this statute a Mr. Coke, and one Woodburn, a labourer, were indicted in 1722; Coke for hiring and abetting Woodburn, and Woodburn for the actual fact of slitting the nose of Mr. Crispe, Coke's brother-in-law. The case was somewhat singular. The murder of Crispe was intended, and he was left for dead, being terribly hacked and disfigured with a hedge-bill; but he recovered. Now the bare attempt to murder was, at common law, no felony; but to disfigure VOL. IV. with an intent to disfigure, is made so by this statute, on which they were therefore indicted. And Coke, who was a disgrace to the profession of the law, had the effrontery to rest his defence upon this point, that the assault was not committed with an intent to disfigure but to murder; and therefore was not within the statute. But the court held, that if a man attacks another to murder him with such an instrument as a hedge-bill, which cannot but endanger the disfiguring him; and in such an attack happens not to kill but only to disfigure him; he might be indicted on this statute; and it might be left to the jury to determine whether it were not a design to murder by disfiguring; and consequently a malicious intent to disfigure as well as to murder. Accordingly the jury found the prisoners guilty of a previous intent to disfigure, in order to effect their principal intent to murder; and they were both condemned and executed in due course. (See State Trials, vi. 212.) (y) The Coventry Act was repealed by 9 Geo. 4, c. 31. G 25 Vict. c. 100, s. 18, enacts that whoever shall unlawfully and maliciously, by any means whatever, wound any person or cause him grievous bodily harm; or shoot at any person (a); or by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person (), with intent in any of the above cases to maim, disfigure or disable, or to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detaining of any person,—shall be guilty of felony, and be liable to the same punishment as for an attempt to murder (c). And that even without either of such intents being proved, whoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanor, and be liable to penal servitude for five years, or imprisonment, with or without hard labour, not exceeding two years (d). Moreover (by sect. 28) whoever shall unlawfully and maliciously by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do other grievous bodily harm to any person, shall be guilty of felony and be punishable as for an attempt to murder, with the addition of whipping, provided the offender be a male under the age of sixteen, if the court shall so direct. And the same penal consequences will attach to whomsoever shall so cause gunpowder or other explosive substance to explode, or who shall send or deliver to, or cause it or (a) See Smith's case, 1 Dearsley's C. C. 559. (b) As to what are to be deemed "loaded arms," see 24 & 25 Vict. c. 100, s. 19. (c) The punishments which may be awarded for an attempt to murder, are mentioned sup. p. 79. (d) 24 & 25 Vict. c. 100, s. 20; 27 & 28 Vict. c. 47, s. 2. As to what constitutes a wound, see Shea v. R., 3 Cox, 141; R. v. M'Loughlin, C. C. 278; R. v. Smith, 8 C. & P. 173. It may be here mentioned (and the remark applies to all of the indictable misdemeanors mentioned in this chapter), that the person convicted may, if the court shall think fit, either in addition to or in lieu of any other punishment, be fined and required to find sureties to keep the peace, or for good behaviour. 24 & 25 Vict. c. 100, s. 71. other offensive, dangerous or noxious thing to be received or taken by any person, or who shall put or lay at any place, or cast or throw at or on, or otherwise apply to any person, corrosive fluid or other destructive or explosive substance with intent (in any of the above cases) to burn, maim, disfigure or disable any person or to do him some grievous bodily harm, whether any bodily injury be effected or not (e). And the same punishment, except that the term of penal servitude may not exceed fourteen years, may be inflicted (by sect. 30) on whomsoever shall so place or throw in, into, upon, against or near any building, ship or vessel, gunpowder or other explosive substance, with intent to do bodily injury to any person, whether an explosion take place or bodily injury be inflicted or not. Moreover whosoever with intent to enable himself or any other person to commit, or to assist another person in committing, any indictable offence, shall by any means whatsoever attempt to choke, suffocate or strangle another person, or shall, by means calculated to choke, suffocate or strangle, attempt to render any other person insensible, unconscious or incapable of resistance; or shall unlawfully apply or administer to, or cause to be taken by, or attempt to apply or administer to, or attempt to cause to be administered to or taken by any person, chloroform, laudanum, or other stupefying or overpowering drug, matter or thing,-shall be guilty of felony, and be punishable as for an attempt to murder (f)-with the addition of whipping if the offender be a male, and the court shall so direct (9). And whoever shall unlawfully and maliciously prevent any person on board of, or having quitted a ship or vessel in distress, wrecked or stranded, in his endeavour to save his life; or who shall prevent or impede any one in his endeavour to save the life of any such person on board or escaping from such vessel, shall be guilty of felony, and (e) 24 & 25 Vict. c. 100, s. 29. punishment, vide sup. p. 79. be punishable as for an attempt to murder (h). And the same penalties (except that the extreme limit of the term of penal servitude is ten years instead of life) are attached to the crime of administering or causing to be administered to any one, poison or other destructive or noxious thing, so as thereby to endanger his life or inflict on him grievous bodily harm (i),-and such administration, although in fact neither life be endangered nor grievous harm inflicted, yet if with intent to injure, aggrieve or annoy such person, is a misdemeanor—and made punishable with penal servitude for five years, or imprisonment, with or without hard labour, for not more than two years (). V. Procuring miscarriage, and concealment of birth.—To kill a child in the mother's womb is, as formerly observed, no murder (7). It was at one period, however, made by a statute of George the third a capital felony to administer a destructive thing to procure the miscarriage of a woman quick with child; and if she should not be proved to have been quick with child, it was a felony punishable with transportation (m). But by a later statute the nature of the offence and the degree of punishment were made no longer to turn on the fact of being quick with child, but in all cases penal servitude for life might be awarded (n). This offence is now, however, provided against by 24 & 25 Vict. c. 100, s. 58; which awards the term of penal servitude for life, or for a term not less than five years (0),—or imprisonment (with or without hard labour and solitary confinement) for a term not exceeding two years),—to any woman who, being with child, shall, with intent to pro () 24 & 25 Vict. c. 100, s. 17. (i) Sect. 23. If, on indictment for this felony, the jury are satisfied that the prisoner was guilty of the misdemeanor mentioned in sect. 24, they may convict accordingly (sect. 25). (4) Sect. 24; 27 & 28 Vict. c. 47. (1) Vide sup. p. 70. (m) 43 Geo. 3, c. 58; and see 9 Geo. 4, c. 31, s. 13. (n) See 7 Will. 4 & 1 Vict. c. 85, 8. 6, repealed by 24 & 25 Vict. c. 95. (0) See 27 & 28 Vict. c. 47. |