AGGRAVATED ASSAULTS.

Discharging loaded fire-arms an ag-

gravated kind of assault, 180
Cases under this crime, 180
Use of bludgeons or offensive wea-
pons an aggravation, 181
Or if it is to effusion of blood or
danger of life, 181

Cases under these aggravations,
182, 183

Punishment of such assaults, 184
Intent to ravish a most serious ag-
gravation, 184

Evidence of this intent, 185
Romping conduct not sufficient,
185

Punishment in such cases, 185
Assault with intent to ravish a child
of tender years, 186

Regarded as a most serious crime,
186

Punishment in such cases, 187
Evidence in such cases, 187, 188
Assault with intent to rob warrants
transportation, 188
Aggravated when done in pursu-
ance of intent to control or raise
wages of labour, 189

Act 5th Geo. IV. c. 95, on this sub-
ject, 189, 190

It does not take away prosecutions

AGGRAVATED ASSAULTS.

for serious assaults with such in-
tent at common law, 191
Cases on this point, 191-3
Assault on a magistrate for official
duty, 193, 194

Assault on officers of law on ac-
count of, or during, or in revenge
for, official duty, 194, 195
When accompanied with mutila-
tion, 196

By a husband on wife, or child on
parent, 197

'Aggravated by previous conviction,
198

No settlement of quarrel bars pub.
lic prosecution, 198

Nor private, unless is very express,

198

ATTEMPT AT MURDER.

Is an offence warranting the high-
est arbitrary punishment at com-
mon law, 163

Same rules in judging of intent as
in murder, 163

Cases, 164, 165

Same defences available to pannel

on the ground of justification or
alleviation, 165

Crime when pannel has done all he
could to effect it though effect
has failed, 165, 166

Same holds where deventum sit ad
actum proximum, 166

Purchasing and administering poi-
son, 167
Purchasing alone insufficient, 167
Statutory law on the subject, 6th
Geo. IV. c. 126, 167

Cases under that statute, 168, 169
Subsisting act 10th Geo. IV. c. 28,
170, 171

Lord Ellenborough's act, 172
Difference between it and the
Scotch acts, 173

Cases decided in England under
Lord Ellenborough's act, 173, 174

BIGAMY.

Is punishable by statute with pains
of perjury, 536

BIGAMY.

Both marriages must have been for-
mal and regular, 536
But this does not hold if second
marriage is solemnized after ir-
regular fashion of a place, 536
Or first marriage, though at first
clandestine, has subsisted as re-
gular for long, 537

First marriage must be a lawful
and subsisting connexion, 537,
538

Extraordinary exception to this in
English law, 538

Now altered by 9th Geo. IV. c. 31,
§ 22

May be art and part in bigamy, 539
Both marriages must be proved by

best evidence, 540

First wife incompetent witness, 540
Second wife competent, 541
Enough for prosecutor to prove se-
cond marriage, and that first wife
is alive, 541

Pannel must rebut this by shewing
second marriage was contracted
not knowing of first continuing,
541, 542

Punishment of bigamy, 542, 543

BLASPHEMY.

Old statutes against, now repealed,

643

Still offence at common law, 643
Cases on it, 644

BREACH OF TRUST.

Distinction between, and theft, 354,
355

If article be delivered with design
of transferring real right, or of
subjecting receiver to mere ac-
counting, subsequent appropria-
tion is not theft, 354, 355
Appropriation of clothes by ser-
vant, 355

Of rents by factor, 355

Is breach of trust where goods em-
bezzled were not corpus to be re-
delivered, but intromissions to
be accounted for, 356, 357
Cases on this subject, 356, 357
Shopkeeper's clerk, or carrier, who

receives money not sealed up,
for his master's behoof, and ap-
propriates it, commits breach of
trust, 358, 359

Otherwise if parcel is sealed up or
errand short, 359
Appropriation of goods in trades-
man's hands, when put there for

CHILDMURDER AND CONCEALMENT.
Acts 1690, c. 21, and 49th Geo. III.
c. 14, on concealment.
Is not necessary under the statute
the child should have been killed,
153
Prosecutor must prove the woman
was pregnant for such a time as
rendered birth of a living child
possible, 153, 154

If there was only a miscarriage at
four or five months, the prisoner
must be acquitted though all the
statutory requisites concur, 154.
Prosecutor need not prove the child
was born alive, but only birth of
living child possible, 154, 155
Having done so, pannel must prove
it was still-born, 155

Concealment must have been com-
plete during whole time, without
disclosure to a single person, 155,

156
Disclosure to father takes case out
of statute, 156

CULPABLE HOMICIDE.

flicted on a real or supposed
housebreaker, 104-106
But the homicide is clearly justi-
fiable in resisting a violent at-
tack, as robbery or stouthrief,
107
Law of England on this subject, 108
Is culpable homicide if officers of
the law precipitately and need-
lessly use lethal weapons, 109
Or by similar precipitation by sol-

diers or sailors on duty, 110-112
Law of England on this subject, 112
Culpable homicide if husband kill

stranger in adultery with his
wife, 113

Or if due care is not taken in per-
formance of a lawful act, 113
As firing a gun, if negligently and
recklessly done, 114

Cases, 114, 115

Or by negligence in riding or diiv-
ing on high road, 116, 117
Rules which driver is bound to
obey, 116, 117

Small negligence of driver renders

him liable to punishment, 119
Cases on the subject, 118, 119
Furious driving a point of dittay,

121

Or furious riding, 122

Or negligent steering of steam-
boats, 123

Rules which the captain and pilot
should obey, 123, 124
Cases on steam-boats, 124-126

of Blackwood and Macalpin,
124

Macinnes and Macbride
(Comet case), 124

Ezekiel Machaffie, 125
David Smith, Jamieson,
and others, 125

William Struthers, 126

DEAF AND DUMB.

No bar to trial though pannel is,
667

But prosecutor must prove he is
doli capar before he proceeds, 667

DEFORCEMENT.

Person resisted must be lawful offi-
cer, 491

Or his concurrents, 492

He must be possessed of lawful
commission, 493

And at the time executing what
that commission binds him to
execute, 493

DEFORCEMENT.

Deforcement only takes place when
the actus legitimus is going on, or
in preparation, 494
If assaulted when the deed is done
is not deforcement, but assault
to deter or revenge, 495
Officer must have proceeded up to
the moment of interruption in
formal and legal manner, 495,

496

Display of symbols, when neces-
sary, 496

No display required from excise
officers, 496

Diligence must have been hindered

to constitute deforcement, 504
But if this has once been done, sub-
sequent submissions wont purge
the offence, 504

Every resistance to a solemn act of
a messenger or his assistants, im-
plicates refractory party or his
associates in pains of deforce-
ment, 505

Pains of deforcement, 506
Cases on this head, 507

Either Lord Advocate, or party
owner of diligence deforced, may
prosecute, 508

Prosecution only competent for de.
forcement of King's officers in
Session or Justiciary, 509

But of other deforcements, before
the court whose officers are de-
forced, 509

Messenger and assistant competent
witnesses, 509

Party owner of diligence also com-
petent, 509

EXPOSURE OF CHILDREN.

Is a point of criminal dittay, 162
Cases under this offence, 162

FALSE CONSPIRACY.

Is indictable offence at common
law, 369

Cases on the subject, 370

FORCIBLE ABDUCTION

Constitutes a crime at common law,

punishable by arbitrary pains,
226

English statute on the subject, 226
Applies to boy as well as girl, 227

"

FORGERY AND UTTERING..

Not necessary that name should be
correctly spelt; sufficient if for-
gery would pass for real signa-
ture, 371, 372

English law on the subject, 373
Forgery of fictitious signature suf-
ficient, 374, 375

Law of England on the subject,
375, 376

Is forgery if forger's own name is
fraudulently adhibited for ano-
ther of same name, 376

Or if character and name of ano-
ther be assumed, and a writ ut-
tered, 377A

Or where name signed is that of
a person who never existed, to
whom a certain character bearing
credit is falsely attributed, 377,
378

In England is forgery to imitate

subscription by initials, 379
Doubtful if this holds in Scotland,
378

But if name of person forged on is
written round mark, is forgery,
379

Is committed by affixing a genuine
subscription to a forged deed, or
vice versa, 379, 380
English law on the subject, 380
Fabricated notorial or solemn in-
strument, narrating a falsehood,
is forgery, 381

Is forgery to adhibit forged signa-
ture to any obligatory writ, how-
ever informal, 381, 382
Cases on this subject, 383
English law on the subject, 382, 383
At common law, fraudulent vitia-

tion of any obligatory writ is
forgery, but not capital, 384, 385
By 45th Geo. III. c. 89, altering
any money warrant is capital,

385

FORGERY AND UTTERING.

Cases on this act, 386, 387
Is felony by 45th Geo. III. c. 89,
to engrave or forge any plate
imitating Bank of England pa-
per, 388

Or, by same statute, to have paper
forged on that bank knowingly
in possession, 389, 390

This statute does not extend to
Scotch notes, 390

Is a transportable offence, by 41st
Geo. III. c. 57, to engrave, use,
or possess plates of private banks,
or make its paper, 390, 391
Forgery of excise stamps or secu-
rities, 392, 393

Statutes on this subject, 393
Uttering essential to forgery, 394
But is sufficient if any gain is got
by uttering, though not for whole
sum in forged instrument, 394,

395.

May be art and part in forgery
without actual writing, 395
Cases on this subject, 396
Utterer art and part in forging if
he do so knowingly, 397, 398
Felonious uttering a point of dit-
tay without actual forging being
charged, 398, 399

Punishment for this crime, 399, 400
Libel usually now restricted, 400
Illustrations of this, 400, 401
Imprisonment sometimes inflicted,
401

Uttering completed the moment
false instrument is tendered in
payment, 402, 403

Though not received, and no loss
has arisen, 403

But must be clearly tendered, 402
Place where uttering should be li-
belled when third hand employ-
ed, 405

Uttering by other hands put for-
ward, 405

Locus which should be libelled in
such cases, 406

Uttering forged notes to associate
at under value a transportable
offence, 406, 407
Capital to utter or put away any
Bank of England notes, though
for under value, to associate, 408

409

English cases on the subject, 408
Forged document must be produ-
ced at trial, 409

But if has been destroyed by pri-
soner, trial may proceed without
it, 409, 410