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Indictment for setting Fire to a Ship.

Admiralty of The jurors, &c. that A. late of London,

Ships.

England. mariner, on, &c. with force and arms, being 7&8 G. 4, c. 30. upon the high seas, and within the jurisdiction of the Admiralty of England, and on board then and there of a certain vessel called of and belonging to one B. then and there upon the high seas aforesaid, and within the jurisdiction aforesaid, feloniously and maliciously the said ship¶ did set fire to [and destroy] against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.

Evidence.

The evidence in this case will be that the prisoner set fire to the ship on the high seas, and that B. was the owner of the vessel.

Indictment for Damaging a Ship, under the 10th Section, otherwise than by Fire.

Admiralty of

The jurors, &c. [as in the last precedent, to England. the ¶] did [damage] [show the particular damage] with intent therein then and there to destroy and render useless, against the form, &c. [conclude as before].

Evidence.

Here, as before, the wilful damage done by the prisoner on the high seas, together with the ownership of the vessel, will be sufficient evidence to sustain the indictment.

SHOOTING.

Attempts to Poison, Drown, Suffocate, Strangle, Shoot.
Shooting, Stabbing, with intent to Murder.

Shooting, Stabbing, attempting to Shoot, with intent to disfigure,
maim, disable, or do some grievous bodily harm.

Note. It has been thought better to class together all these attempts at murder, together with shooting, and shooting with intent to maim. They are now presented at one view to the reader, under" Shooting."

Shooting.

Shooting.

9 Geo. 4, c. 31.

Attempts to murder, when evidenced by certain Acts, shall be capital.

Shooting at, or stabbing, cutting, or wound

ing any person, with intent to

be capital, provided the case would have been murder if death had ensued.

The 22 & 23 Car. 2, c. 1; 43 Geo. 3, c. 58; 1 Geo. 4, c. 90, s. 2, repealed by 9 Geo. 4, c. 31.

LORD LANSDOWNE'S ACT,

9 Geo. 4, c. 31.

Sect. XI. And be it enacted, That if any person unlawfully and maliciously shall administer or attempt to administer to any person, or shall cause to be taken by any person, any poison or other destructive thing, or shall unlawfully and maliciously attempt to drown, suffocate or strangle any person, or shall unlawfully and maliciously 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 unlawfully and maliciously stab, cut or wound any person, with intent, in any of the cases aforesaid to murder such person, every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

Sect. XII. And be it further enacted, That if any person 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 unlawmaim, &c. shall fully and maliciously stab, cut or wound any person, with intent, in any of the cases aforesaid, to maim, disfigure or disable such person, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of the party so offending, or of any of his accomplices, for any offence of which he or they may respectively be liable by law to be apprehended or detained, every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon : Provided always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting or wounding as aforesaid, were committed under such circumstances, that if death had ensued therefrom,

the same would not in law have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony.

Indictment for Shooting with intent to Murder.

Hertfordshire, The jurors for our lord the King upon their
to wit.* Joath present, that A., late of the parish of
in the county of labourer, on, &c. with force and arms,
at the parish aforesaid, in the county aforesaid, in and upon
one B. feloniously, unlawfully and maliciously did make an
assault, and that the said A. a certain [gun] then and there
charged with gunpowder and a leaden bullet, which said gun
he the said A. in both his hands then and there had and held
at and against the said B., then and there feloniously, unlaw-
fully and maliciously did shoot off and discharge, with intent
thereby then and there in so doing, that is to say, in so shoot-
ing at the said B., and by means thereof, feloniously, unlaw-
fully and of his malice aforethought, to kill and murder him
the said B., against the form of the statute in that case made
and provided, and against the peace of our said lord the King,
his crown and dignity.

Second Count: Stating the offence to have been with intent to maim.

Third Count: With intent to disfigure.

Fourth Count: With intent to disable.

Fifth Count: With intent to do some grievous bodily harm. Sixth Count: With intent feloniously, wilfully, maliciously and unlawfully to obstruct, hinder and prevent the lawful apprehension and detention of him the said A. for a certain offence, to wit, for a [larceny] before then committed by the said A., at the parish aforesaid, in the county aforesaid, for which said last mentioned offence he the said A. was then and there liable by law to be apprehended, imprisoned and detained, against the form of the statute, &c.

Note.-Observe to leave out the words, "of his malice aforethought," in all the counts except the first, and insert 'maliciously."

66

*The county where the gun was fired.

+ Or of any of his accomplices. See the statute.

Shooting.

9 Geo. 4, c. 31.

Shooting.

9 Geo. 4, c. 31.

Evidence on the First Count,

For Shooting with intent to Murder.

In support of this count, it must appear that the prisoner fired at the prosecutor, and that he so fired with a murderous intent.

Some proof should be given that the gun was loaded at the time of the shooting; but it is immaterial with what charge, provided it were sufficient to occasion death. Further, the act thus done must be such, as that if death had ensued, the offence of murder would have been committed.

If there be any doubt as to the intent of the prisoner in firing, evidence is admissible to show that he had previously fired at the prosecutor. See Russ. & Ry. 531. Rex v. Voke.

See also, on the subject of shooting, 1 East, P. C. 412, Rex v. Empson ; 2 Leach, 929. Rex v. Harris; Russ. & Ry. 377, Rex v. Carr; id. 93, Rex v. Kitchen.

In support of the Second Count,

The intent to Maim.

After proving the shooting as before, some circumstances must appear to satisfy the jury that the prisoner's intention was to produce a permanent disability, and not merely, as in the case of stabbing the watchman, a temporary injury for the purpose of escape. See Ry. & M. 29, Rex v. Boyce.

The Third Count,

Charging an intent to Disfigure,

Is proved in the same manner as the first, only it must be remembered, that an intent to disfigure (supposing it to form the subject of a separate indictment, which is seldom the case,) is not substantiated by proving an intent to disable, for the intent must be proved as laid. See Russ. & Ry. 365.

The Fourth Count,

Intent to Disable.

This is proved in a like manner, the intent of the prisoner to produce a permanent, and not merely a temporary injury, being shown.

The Fifth Count,

Intent to do some grievous Bodily Harm

Is also proved by similar evidence, and as to what shall be deemed grievous bodily harm, see Ry & M.93, Rex v. Hunt ; Russ. & Ry. 362, Rex v. Cox.

The Sixth Count,

Intent to prevent Apprehension,

Shooting.

Is frequently inserted as a measure of prudence, many con- 9 Geo. 4, c. 31. victions having failed for want of it, and it is proved in the same manner, only it must appear that there was a lawful ground for making the arrest. See Russ. & Ry. 365, Rex v. Duffin; Ry. & M. 85, Rex v. Gilloa.

Indictment for attempting to Shoot with intent to Murder,
Maim, &c.

to wit.

Hertfordshire, The jurors for our lord the King upon their
Joath present, that A., late of the parish of
in the county of labourer, on, &c. with force and arms,
at the parish aforesaid, in the county aforesaid, a certain gun
then and there charged with gunpowder and a leaden bullet,
which said gun he the said A. in both his hands then and
there had and held at and against the said B., then and there
feloniously, unlawfully and maliciously did attempt to dis-
charge by drawing the trigger of the said gun, so being loaded
as aforesaid, with intent thereby then and there in so doing,
that is to say, in so attempting to discharge the said gun so
loaded as aforesaid at the said B., and by means thereof, felo-
niously, wilfully and of his malice aforethought to kill and
murder the said B., against the form of the statute, &c. and
against the peace, &c.

Second Count: With intent to maim.

Third Count: With intent to disfigure.

Fourth Count: With intent to disable.

Fifth Count: With intent to do some grievous bodily harm. Sixth Count: With intent to prevent the lawful apprehension of the said A.

Evidence.

The evidence in this case does not vary from that adduced in cases for maliciously shooting with the like intents, except that, of course, instead of proving the actual shooting, it must be shown that the prisoner pulled the trigger of the gun, which he had previously pointed in the direction of the prosecutor.

Indictment against Abettors of the above Offences. [This is the same as the indictment for shooting, &c. as far as the end of the description of the offence; then proceed thus,] and that one C. then and there feloniously, wilfully and of his

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