Attempts to Murder. 11. Whosoever shall administer to or cause to be Adminis to murder. administered 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 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. The words "any grievous bodily harm” are inserted instead of "any bodily injury dangerous to life," in order to render the clause more comprehensive. Destroying or da building with Mr. Archbold (C. L. 55) thinks that "it is likely that in an indictment for this offence, the Court will hold it necessary that the means used must be stated." The words "by any means whatsoever" were introduced to include every wounding and every causing of grievous bodily harm, and as an indictment for wounding, even before these general words were applied to wounding, need not have alleged the means by which the wound was inflicted, Rex v. Briggs, R. & M. C. C. R. 318; so there is no reason why an indictment for causing grievous bodily harm should do so, and there is very good reason why neither the one nor the other should; for the only ground for alleging the means used is that, if they were alleged, they must be proved, and cases continually occur where injuries are inflicted, and it is impossible to prove the means whereby they were inflicted. As the clause has included injuries inflicted by every means whatsoever, it is perfectly immaterial what the means were. See per Coleridge, J., in Reg. v. Gray, 1 Dears. & B. 303. If in any case it be doubtful whether the facts bring it within this clause, but there is evidence that the acts were done with intent to murder, a count on sec. 15, post, p. 48, alleging an attempt to murder, should be added. As to the introduction of the words, "cause to be administered to," see note to s. 14, post, p. 47. As to hard labour, &c., see ante, p. 5. 12. Whosoever, by the explosion of gunpowder or other explosive substance, shall destroy or damage maging a any building with intent to commit murder, shall be guilty of felony, and being convicted thereof shall gunpowder, be liable, at the discretion of the Court, to be kept with intent 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. to murder. Note. This clause is taken from the 9 & 10 un In this and the next section, the words lawfully and maliciously" are omitted as unnecessary, and "intent to commit murder " substituted for "intent to murder any person." See Reg. v. Ryan, 2 M. & Rob. 213, that a count alleging an "intent to commit murder" generally is sufficient. As to hard labour, &c., see ante, p. 5. to or cast 13. Whosoever shall set fire to any ship or vessel, Setting fire or any part thereof, or any part of the tackle, apparel, ing away a or furniture thereof, or any goods or chattels being ship with therein, or shall cast away or destroy any ship or intent to vessel, with intent in any of such cases to commit murder, 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 confine ment. 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, 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 administer thing, or shall shoot at any person, or shall, by shooting or poison, or drawing a trigger, or in any other manner attempt attempting to discharge any kind of loaded arms at any person, 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 commit murder, shall, whether any bodily injury be intent to effected or not, be guilty of felony, and being con attempting murder. By any other means 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. 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. 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 dis murder. 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 In any case where there may be a doubt As to hard labour, &c., see ante, p. 5. Letters threatening to Murder. threaten 16. Whosoever shall maliciously send, deliver, or Sending utter, or directly or indirectly cause to be received, letters knowing the contents thereof, any letter or writing ing to threatening to kill or murder any person, shall be murder. guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and 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, and, if a male under the age of sixteen years, with or without whipping. Note.-This clause is framed from the 4 Geo. 4, c. 54, s. 3, and 10 & 11 Vict. c. 66, s. 1. The words "directly or indirectly cause to be received," are taken from the 9 Geo. 4, c. 55, s. 8 (I.), and introduced here in order to prevent D |