Sentence may be passed pursuant to the statute after a general ver dict of guilty, dictment containing two counts on the statute and upon an in one for a common assault. constable, &c. or other person, in order to prevent an apprehension for felony. won at play by the prosecutor of the defendant; and that he had distinctly left it to them to decide whether the assault were on that account, or on account of the abusive language then used, and to acquit the defendant on those counts, if they were of opinion that the assault was on account of the abusive language. After this answer had been communicated from the bench, it was moved in arrest of judgment, that, the verdict being general, there would be inconsistent judgments on the several counts, one on the special counts on the statute which prescribed a positive punishment, and the other on the count for the common assault which was discretionary.(1) But the rule was afterwards abandoned, and sentence was passed upon the defendant pursuant to the directions of the statute.(m) 66 66 66 The statute 1 & 2 G. 4. c. 88. s. 2. enacts, "that if any per"son shall assault, beat, or wound any constable, officer, headAssaulting any "borough, or other person whomsoever, with intent in so doing, or by means thereof to obstruct, resist, or prevent the lawful "apprehension or detainer of any person charged with or sus"pected of felony; or if any person charged with or suspected of felony shall assault, beat, or wound any constable, officer, head66 borough, or other person whomsoever, with intent in so doing, or by means thereof, to obstruct, resist, or prevent his or her "apprehension or detainer; then and in every or any such case, "if the person or persons so offending shall be convicted of a "misdemeanor only, it shall be lawful for the court by or before "whom any such person or persons shall be so convicted as "aforesaid, to order and direct, in case it shall think fit, that "such person or persons shall, in addition to any other pains, "penalties or punishment to which he, she or they are now subject or liable, be kept to hard labour for any term not exceeding "two years, and not less than six months. (a) (1) Upon this point the case of Rex (a) Where a rescue is effected, see v. Young and others, 3 T. R. 103. the first section of this statute, ante, was referred to. p. 385. (m) Rex v. Darley, 4 East. 174, OF MAIMING, &c. BY THE FURIOUS DRIVING, &c. of stage COACHMEN. misconduct of THE statute 1 G. 4. c. 4. enacts, "that if any person whatever Where any "shall be maimed, or otherwise injured by reason of the wanton person is in"and furious driving or racing, or by the wilful misconduct of wanton and jured by the any coachman or other person having the charge of any stage furious driv"coach or public carriage, such wanton and furious driving or ing, or wilful racing, or wilful misconduct of such coachman or other person, the coachman "shall be and the same is hereby declared to be a misdemeanor, of any public "and punishable as such by fine and imprisonment: provided carriage, such always, that nothing in this act contained shall extend or be ing, &c. is de"construed to extend to hackney coaches, being drawn by two clared to be a "horses only, and not plying for hire as stage coaches." wanton driv misdemeanor. coachman By a former act, 50 G. 3. c. 48. s. 15. a penalty not exceeding 50 G. 3. c. 48. 107. nor less than 57. was imposed upon a coachman who, by fu- Penalty upon riously driving or by negligence or misconduct, shall overturn the driving fucarriage, or in any manner endanger the persons or property of riously, &c. the passengers, or the property of the owners or proprietors of such carriage; unavoidable accidents being excepted. END OF VOL. I. ADDENDA, &c. TO VOL. I. VOL. I. Page 6. THE statutes 21 H. 8. c. 7. and 12 Ann. c. 7. are repealed by 7 & 8 Geo. 4. c. 27. 15 line 12 from the bottom, after "rebels (a)," add-" And in general the person committing a crime will not be answerable if he was not a free agent, and was subject to actual force at the time the fact was done. Thus, if A. by force take the arm of B., in which is a weapon, and therewith kill C., A. is guilty of murder, but not B.: but if it be only a moral force put upon B., as by threatening him with duress or imprisonment, or even by an assault to the peril of his life, in order to compel him to kill C., it is no legal excuse.(a) An ideot or lunatic, or a child so young as not to be punishable for his criminal act when made use of for the purpose of committing crimes, are merely the instruments of the procurer, who will be answerable as a principal."(b) 25, dele from the paragraph beginning "When the rule was first settled," to 32, note (ƒ), add-" And see Rex v. Badcock and Others, Russ. & Ry. 249." (a) 1 Hale, 433. 1 East. P. C. c. 5. s. 12. p. 225. (b) 1 Hawk. P. C. c. 31. 3. 7. 1 East. P. C. c. 5. s. 14. p. 228, Felonies not capital punishable under the acts, if any relating thereto, otherwise under the 7 & 8 Geo. 4. c. 28. s. 8. A Of the proceedings a gainst acces sories. 7 G. 4. c. 64. s. 9. How accessories before the fact may be tried. If offences committed in different counties, accessories may be tried in either. Only one trial. S. 10. How accessory, if after the fact, may be tried. fit), in addition to such imprisonment.' The late consolidation "The ninth section of that statute, for the more effectual prose- (c) 1 Hale 623. 2 Hawk. c. 29. s. 45. Fost. 360. (d) Fost. 362., where the doctrine is reprobated; and see 1 Hale 625., where it is said that it was for this reason that Weston, the principal actor in the mur der of Sir Thomas Overbury, could not for a long while be prevailed upon to plead, that so the Earl and Countess of Somerset, who were the movers and procurers, might escape. 1 St. Tr. 314. |