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To prevent the free sale or conveyance of corn, &c.] "If any person shall beat, wound, or use any other violence to any person, with intent to deter or hinder him from selling or buying any wheat or other grain, flour, meal or malt, in any market or other place; or shall beat, wound, or use any other violence to any person having the care or charge of any wheat or other grain, flour, meal or malt, whilst on its way to or from any city, market town or other place, with intent to stop the conveyance of the same:" such offender may be convicted before two justices of the peace, and imprisoned and kept to hard labour in the common goal or house of correction, for any term not exceeding three calendar months. 9 G. 4, c. 31, 8. 26.

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The conviction may be same as the last form, except in the description of the offence, which may be thus: for that he the said C. D., on- at -, unlawfully did beat one A. B., with intent thereby then and there to deter and hinder him the said A. B., from selling [or buying] certain wheat in the market of in the said county.

Or, for that he the said C. D., on, at, unlawfully did beat one A. B., (he the said A. B. then and there having the care and charge of certain wheat, whilst on its way to the market town of in the county aforesaid,) with intent thereby then and there to stop the conveyance of the said wheat.

In pursuance of conspiracy to raise wages.] An "assault committed in pursuance of any conspiracy to raise the rate of wages," is punishable with imprisonment, with or without hard labour, for not more than two years; and the court may also fine the offender, and require him to find sureties for keeping the peace. 9 G. 4, c. 31, s. 25.

Commitment:-On- at unlawfully did assault one A. B., in pursuance of a conspiracy between him the said C. D. and others to raise the rate of their wages; against the form of the statute in such case made and provided. And you the said keeper, &c.

As to assaults upon deer keepers, see post, tit. " Larceny," and Index.

4. Other assaults.

Assault with intent to commit a felony.] An" assault with intent to commit a felony,"-is punishable with imprisonment, with or without hard labour, for not more than two years; and the court may also fine the offender, and require him to find sureties for keeping the peace. 9 G. 4, c. 31, s. 25. It has been already remarked (ante, p. 121), that an assault is an attempt to do a personal injury; and where that injury, if

effected, would be a felony, (as in the case of rape, the violation of girls under the age of ten years, unnatural offences, and the like), for all attempts to commit it, where the felony is not completed, the offender may be indicted and punished under the above section. Also, upon the trial of an indictment for any felony, which includes an assault against the person, the jury, if they acquit the party of the felony, may find him guilty of the assault, if the evidence will warrant such a finding. 1 Vict. c. 85, s. 11.

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Commitment:-On did unlawfully assault one A. B., with intent [her the said A. B. then and there violently and against her will feloniously to ravish and carnally to know ; or as the case may be, describing the felony, as in a commitment for it;] against the form of the statute in such case made and provided. And you the said keeper, &c.

Indecent assaults.] Taking indecent liberties with the person of another, female or male, against her or his will, or where it is merely submitted to from fear, or from submission to the authority which the offender may have over the party,-is deemed in law an assault, and punishable as such. Where upon an indictment against a schoolmaster, for an assault with intent to commit a rape upon one of his female scholars, with a second count for a common assault, it appeared from the evidence that he did not actually attempt to commit a rape, nor perhaps intend it, but he had taken most indecent liberties with the person of the girl, and without her consent, although she did not actually offer resistance: the judges were of opinion that the evidence was fully sufficient to support the count for a common assault, although not for the assault with intent to commit a rape. R. v. John Nichol, R. & Ry. 130. See also R. v. Butler, 6 Car. & P. 368. So where a girl went to a quack doctor, to be cured of some complaint, and he, pretending that he could not otherwise judge of her illness, than by seeing her naked, pulled off her clothes: being indicted for this specially, and also upon a count for a common assault, the jury, being of opinion that the defendant did not really think that his seeing the girl naked would assist him in judg⚫ ing of her illness, found him guilty; and the court held the conviction on the count for a common assault good. R. v. Rosinski, M.S. & Ry. & M. 19.

The commitment in such a case, may be as for a common assault.

ASSIZES.

See "Justices."

ATTAINDER.

See "Trial."

ATTEMPTS TO MURDER, &c.

Attempt to murder, by poison.] "Whosoever shall administer to, or cause to be taken by, any person, any poison or other destructive thing," with intent to commit murder, shall be guilty of felony, and suffer death. 1 Vict. c. 85, s. 2. To bring a case within this section, it must appear that the poison was actually taken into the stomach; see R. v. Cadman, Ry. & M. 114, and per Park, J., in R. v. Harley, 4 Car. & P. 369; it is not sufficient that it should be merely offered or tendered to the party, or left for him in order that he might take it. See R. v. Lewis, 6 Car. & P. 161. R. v. Harley, supra. If the evidence leave this doubtful, the offender may be committed for an attempt to poison, as shall presently be mentioned.

And "whosoever shall attempt to administer to any person any poison or other destructive thing," with intent to commit murder, shall, although no bodily injury be effected, be guilty of felony, and shall be transported for life or for not less than 15 years, or be imprisoned, with or without hard labour, for not more than three years. 1 Vict. c. 85, s. 3.

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Commitment:-On did feloniously administer to one A. B. one ounce weight of a certain poison called white arsenic, [or did feloniously attempt to administer to, &c. as above, and stating the particulars of the attempt] with intent then and there and thereby feloniously, wilfully and of his malice aforethought the said A. B. to poison, kill and murder; against the form of the statute in such case made and provided. And you the said keeper, &c.

Attempt to murder, by stabbing, shooting, &c.] Whosoever shall "stab, cut or wound any person, or shall by any means whatsoever cause to any person any bodily injury dangerous to life," with intent to murder, shall be guilty of felony, and suffer death. 1 Vict. c. 85, 8. 2. A contused wound, caused by a piece of metal or the like, not used for cutting, is not a cutting within the act; R. v. Adams, 1 Russ. 597; but it is a wounding, within the meaning of it; and where such an instrument, though not commonly used for the purpose, was capable of cutting, and actually did give the prosecutor an incised wound, it was holden to be a cut within the meaning of the act. R. v. Hayward, R. & Ry. 78. R. v. Peter Atkinson, Id. 104. But a wound, within the meaning of the act, may be

inflicted with a hammer or bludgeon or other blunt instrument, if it break the skin aud draw blood. R. v. Withers, Ry. & M. 294. R. v. Payne, et al. 4 Car. & P. 558.

R. v. Wood & M'Mahon, Ry. & M. 278. So knocking a man down and kicking him in the face with great violence, breaking the skin and drawing blood, has been holden to be a wounding. R. v. Shadbolt, 5 Car. & P. 504. The violence with which the act is committed, is to be considered more with reference to the intent with which it is done. But it is immaterial in what part of the body the wound is given, if it otherwise appear to have been given with the intent mentioned in the statute. See R. v. Griffith, 1 Car. & P. 298. Commitment:-On, at did feloniously stab and wound one A. B. in and upon the right side of the belly and other parts of the belly, [or cause unto one A. B. a certain bodily injury dangerous to life, to wit - by then and there feloniously here state the act done,] with intent then and there and thereby feloniously, wilfully, and of his malice aforethought the said A. B. to kill and murder; against the form of the statute in such case made and provided. And you the said keeper, &c.

And whosoever shall "shoot at any person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person," with intent to murder, shall, although no bodily injury shall be effected, be guilty of felony, and be transported for life or not less than 15 years, or be imprisoned with or without hard labour, for not more than three years. 1 Vict. c. 85, s. 3. Where the prisoner had but the barrel of a percussion gun, detached from the stock and lock, but by striking the percussion cap which was on the nipple of the barrel, he fired it at, and shot B., this was holden to be a shooting within the meaning of the act. R. v. Coates, 6 Car. & P. 394. This clause of the statute, however, relates more particularly to shooting, without wounding, shooting and wounding being within the second section, ante, p. 132. As to the attempt to shoot, it has been holden that the gun or pistol, at the time the trigger is drawn, &c. must be in a state to effect the injury intended; and therefore where the pistol, though loaded, was not primed, R. v. Wm. Carr, R. & Ry. 377, or where, although loaded and primed, yet the touchhole was plugged up, so that it could not be fired, R. v. Harris, 5 Car. & P. 159, it was holden not to be a case within the act.

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Commitment for shooting:-On tain gun, loaded with powder and divers leaden shot, feloniously did shoot at and against one A. B., with intent then and there and thereby feloniously, wilfully, and of his malice aforethought the said A. B. to kill and murder; against the form of the statute in such case made and provided. And you the said keeper, &c.

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Commitment for attempting to shoot:-On certain loaded arms, to wit a pistol, then and there loaded with powder and one leaden bullet, at and against one A. B. feloniously did present, point and level, and then and there, by drawing the trigger of the said pistol [or as the case may be] feloniously did attempt to discharge the same at and against the said A. B., with intent, &c. as in the last form.

Attempt to murder, by attempting to drown, suffocate, &c.] Whosoever shall " attempt to drown, suffocate or strangle any person," with intent to murder, shall, although no bodily injury shall be effected, be guilty of felony, and be transported for life or for not less than 15 years, or be imprisoned, with or without hard labour, for not more than three years. 1 Vict.c. 85, s. 3.

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feloniously did attempt to drown [or suffocate, or strangle] one A. B., by then and there [&c. stating how], with intent then and there and thereby feloniously, wilfully, and of his malice aforethought the said A. B. to kill and murder; against the form of the statute in such case made and provided. And you the said keeper, &c.

Attempt to do bodily injury, &c. by shooting, stabbing, &c.] "Whosoever unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall stab, cut or wound any person,"-with intent to maim, disfigure or disable such person, or to do him some other grievous bodily harm,—or with intent to resist or prevent the lawful apprehension or detainer of any person;-shall be guilty of felony, and be transported for life for not less than 15 years, or be imprisoned, with or without hard labour, for not more than three years. 1 Vict. c. 85, s. 4. Where a pistol, loaded with powder and the wadding only, was fired at a woman, and so close to her and in such a direction that it was capable of doing her grievous bodily harm, the court held it to be within the statute. R. v. Wm. Kitchen, R. & Ry. 95. As to the attempt to shoot, and as to stabbing, cutting and wounding, see ante, p. 132. A wound inflicted by biting, has been holden not to be within the statute, that being intended to apply only to a wounding by some instrument, and not to a wounding by the teeth or hands, or the like. R. v. Harris, 7 Car. & P. 446. As to the intent, it may be inferred from the conduct or expressions of the party, before or at the time of his committing the act, or afterwards from the nature of the wound itself; but the latter is not in all cases to be depended upon as a test of the intent, for the wound may be slight, and yet the intent of the party inflicting it, evidently such as is mentioned in the statute. H. v. Hunt, Russ. 93. Cutting a

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