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oner to produce the policy, so as to dispense with actual notice to produce it. Reg. v. Kitson, Dears. C. C. 187; 17 Jur. 422; 22 L. J., M.

C. 118.

Commission of Act-Motives and Intent.]-A. was indicted for wilfully setting fire to a rick by firing a gun close to it on the 29th of March evidence that the rick was also on fire on the 28th of March, and that A. was then close to it, having a gun in his hand, is receivable to shew that the fire on the 29th was not accidental. Reg. v. Dossett, 2 C. & K. 306; 2 Cox, C. C. 243-Maule.

On an indictment for arson in setting fire to a rick, the property of A., evidence may be given of the prisoner's presence and demeanor at fires of other ricks, the property respectively of B. and C., occurring the same night, although those fires are the subject of other indictments against the prisoner, such evidence being important to explain his movements and general conduct before and after the fire of A.'s rick; but evidence is not admissible of threats, of statements, or of particular acts, pointing alone to other indictments, and not tending to implicate or explain the conduct of the prisoner in reference to that fire. Reg. v. Taylor, 5 Cox, C. C. 138Patteson.

Under an indictment for arson, where the prisoner is charged with wilfully setting fire to her master's house, the previous and abortive attempts to set fire to different portions of the same premises are admissible, though there is no evidence to connect the prisoner with either of them. Reg. v. Bailey, 2 Cox, C. C. 311.

Upon an indictment for arson, with intent to injure the person in occupation of the premises, the prisoner may be found guilty, although his intent is proved to have been to obtain a reward for giving the earliest intimation of a fire at the en

gine station. Reg. v. Regan, 4 Cox, C. C. 335.

Upon such an indictment it is not competent for the prosecutors to shew that other fires, of which notice was given by the prisoner, were of a similar nature to the one in question, and different from those of which notice was given by other parties. Ib.

On an indictment for arson, one count laying an intent to defraud, and it being opened for the prosecution that the motive might have been to realise the money insured by the prisoner upon her goods; evidence was received that she was in easy circumstances, with a view to shew that she was at all events under no pecuniary temptation to commit such an act. Reg. v. Grant, 4 F. & F. 322-Pollock.

On a charge of arson (the case turning on identity) evidence was rejected that, a few days previously to the fire, another building of the prosecutor's was found on fire, and the prisoner was seen standing by, with a demeanor which shewed indifference or gratification. Reg. v. Harris, 4 F. & F. 342--Willes.

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13. Indecent and with Intent to ravish | keeps him in a dark room without -See RAPE, ABUSE AND DE- sufficient warmth or clothing, this FILEMENT OF WOMEN AND will not be an assault or an impris 14. With Intent to rob-See ROB-onment, nor will proof of this sup

CHILDREN.

BERY.

1. Common.

To support a charge of assault, such an assault must be shewn as could not be justified if an action was brought for it, and leave and licence pleaded. Reg. v. Meredith, 8 C. & P. 589--Abinger.

port an indictment for an assault or an imprisonment. Rex v. Smith, 2 C. & P. 449-Burrough.

B. was indicted, with three others, for an assault with intent to do some grievous bodily harm. It was proved that he, with the other prisoners, had assaulted the prosecutor, and afterwards they had returned together and picked up some stones. Then B. withdrew, and the other prisoners threw the stones and wounded the prosecutor. The jury found the three prisoners who threw the stones guilty of the felony, and B. guilty only of a common assault: -Held, that B. was rightly conReg. v. Phillips, 3 Čox, C.

If a person presents a pistol, purporting to be a loaded pistol, at another, and so near as to have been dangerous to life if the pistol had gone off; semble, that this is an assault, even though the pistol was, in fact, not loaded. Reg. v. St. George, 9 C. & P. 483-Parke. But see Blake v. Barnard, 9 C. & P. 626-victed. Abinger.

A. presented a loaded pistol at B., but was prevented from pulling the trigger:-Held, that A. could be properly convicted of this assault, on an indictment for feloniously attempting to discharge loaded arms at B. Ïb.

Making a female patient strip naked, under the pretence that the defendant, a medical man, cannot otherwise judge of her illness, is, if he himself takes off her clothes, an assault. Rex v. Rosinski, 1 M. C. C. 19.

If a schoolmaster takes indecent liberties with a female scholar, without her consent, though she does not resist, he is liable to be punished as for a common assault. Rex v. Nichol, R. & R. C. C. 130.

If parish officers cut off the hair of a pauper in the poor-house by force, and against the will of such pauper, this is an assault; and if it be done as matter of degradation, and not with a view to cleanliness, that will be an aggravation, and go to increase the damages. Forde v. Skinner, 4 C. & P. 239-Bayley.

If one has an idiot brother who is bed-ridden in his house, and

C. 225.

A. was advancing in a threatening attitude, with an intention to strike B., so that his blow would have almost immediately reached B., if he had not been stopped:Held, that it was an assault in point of law, though, at the particular moment when A. was stopped, he was not near enough for his blow to take effect. Stephens v. Myers, 4 C. & P. 349-Tindal.

If one man strikes another a blow, that other has a right to defend himself, and strike a blow in his defence, but he has no right to revenge himself; and if, when all the danger is past, he strikes a blow not necessary, he commits an assault and a battery. Reg. v. Driscoll, Car. & M. 214-Coleridge.

If two go out to strike one another, and do so, it is an assault in both, and it is quite immaterial who strikes the first blow. Reg. v. Lewis, 1 C. & K. 419-Coleridge.

Three boys under fourteen had connection with a girl, aged nine; they were indicted for an assault; the jury found them guilty, the child being an assenting party, but that from her tender years she did not

know what she was about:-Held, that this was not an assault, and that the conviction was wrong. Reg. v. Read, 2 C. &. K. 957; 1 Den. C. C. 377; T. & M. 52; 3 New Sess. Cas. 405; 13 Jur. 68; 18 L. J., M. C. 88.

It is an assault to point a loaded pistol at any one; but not an assault to point a pistol at another which is proved not to be so loaded as to be able to be discharged. Reg. v. James, 1 C. & K. 530-Tindal. Attempting to carnally know and abuse a girl between the ages of ten and twelve is not an assault, if the girl consents to all that is done, but is a misdemeanor. Reg. v. Martin, 9 C. & P. 213; 2 M. C. C. 123; S. P., Reg. v. Johnson, L. & C. 632; 10 Cox, C. C. 114.

The person making such attempt, with the consent of the girl, is not indictable for an assault, but is indictable for the misdemeanor of attempting to commit the misdemeanor of carnally knowing and abusing her. Ib.; S. P., Reg. v. Neale, 35 L. J., M. C. 60.

Where a medical practitioner had sexual connection with a female patient of the age of fourteen, who had for some time been receiving medical treatment from him: Held, that he was guilty of an assault, the jury having found that she was ignorant of the nature of his act, and made no resistance, solely from a bona fide belief that he was (as he represented) treating her medically, with a view to her. cure. Reg v. Case, T. & M. 318; 1 Den. C. C. 580; 4 New Sess. Cas. 347; 14 Jur. 489; 19 L. J., M. C. 174; 4 Cox, C. C. 220.

Where a master of a union inflicts personal chastisement on a female pauper in an indecent manner, he is guilty of an assault, even though the extent of the correction is within the limits of moderation. Reg. v. Miles, 6 Jur. 243-Gurney. A. put cantharides into rum, and gave it to B. to drink; B. drank it,

not knowing that the cantharides was in the rum, and became ill :Held, that A. was neither indictable for an assault, nor for a misdemeanor at common law. Reg. v. Hanson, 2 C. & K. 912- Williams; S. P., Reg. v. Walkden, 1 Cox, C. C. 282; Reg. v. Dilworth, 2 M. & Rob. 531.

C. was delivered of a child at the house at which A. and B. resided, they telling her that the child was to be taken to an institution to be

nursed. A. & B. took the child, and put it into a bag, and hung it on some park-palings at the side of a foot-path, and there left it: Held, that this was an assault on the child. Reg. v. March, 1 C. & K. 496-Tindal.

If a party is turning towards the wall in the street, at night, for a particular occasion, a watchman is not justified in collaring him to prevent him so doing. Booth v. Hanley, 2 C. & P. 288. See 2 & 3 Vict. c. 47.

A party struck at may strike again, to prevent a repetition. Anon., 2 Lewin, C. C. 48-Parke.

A person may, under particular circumstances, justify laying hands on another in order to serve him with process. Harrison v. Hodgson, 10 B. & C. 445; 5 M. & R. 392.

A police constable is not justified under 10 Geo. 4, c. 44, s. 7, in laying hold of, pushing along the highway, and ordering to be off, a person found by him conversing in a crowd with another, merely because the person with whom he happens to be conversing is known to be a reputed thief. Stocken v. Carter, 4 C. & P. 477 Gaselee. See 2 & 3 Vict. c. 47.

Upon an indictment under 24 & 25 Vict. c. 100, s. 20, for unlawfully and maliciously wounding or inflicting grievous bodily harm, a verdict for a common assault may be returned. Reg. v. Taylor, Reg. v. Conwell, 20 L. T., N. S. 402; 17 W. R. 623;

194.

11 Cox, C. C. 261; 4 L. R., C. C. | was a clerk in holy orders, and lawfully acting as such in the burial of the corpse, and for not setting out the particular threats and menaces used. Rex v. Cheere, 7 D. & R. 461; 4 B. & C. 902.

On an indictment for a felonious assault, the jury being unable to agree as to the felonious intent, were discharged by arrangement, in order that the prisoner might plead guilty

to a common assault with a view to compensation. Reg. v. Roxburgh, 12 Cox, C. C. 8.

3.

On Magistrates or other Persons in Preserving Wrecks.

By 24 & 25 Vict. c. 100, s. 37, "whosoever shall assault and strike

2. On Clergymen or Ministers of "or wound any magistrate, officer

Religion.

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or other person whatsoever lawBy 24 & 25 Vict. c. 100, s. fully authorized, in or on account 36," whosoever shall, by threats or "of the exercise of his duty in or "force, obstruct or prevent, or en- "concerning the preservation of any "deavor to obstruct or prevent, any "vessel in distress, or of any vessel, "clergyman or other minister in or "goods or effects wrecked, strand"from celebrating divine service, or "ed or cast on shore, or lying under "otherwise officiating in any church," water, shall be guilty of a mis"chapel, meeting-house or other "demeanor, and, being convicted "place of divine worship, or in or "thereof, shall be liable, at the dis"from the performance of his duty "cretion of the court, to be kept in "in the lawful burial of the dead" 'penal servitude for any term not "in any churchyard or other burial-" exceeding seven years, and not "place, or shall strike or offer any "less than five years (27 & 28 "violence to, or shall, upon any "Vict. c. 47), or to be imprisoned "civil process, or under the pre- "for any term not exceeding two "tence of executing any civil pro- years, with or without hard la"cess, arrest any clergyman or "bour." "other minister who is engaged in, "or to the knowledge of the offend"er is about to engage in, any of "the rights or duties in this section By 24 & 25 Vict. c. 100, s. 38, "aforesaid, or who to the knowl-"whosoever shall assault any per"edge of the offender shall be go- son with intent to commit felony, "ing to perform the same, or re-" or shall assault, resist or wilfully "turning from the performance "obstruct any peace officer in the "thereof, shall be guilty of a mis- "due execution of his duty, or any "demeanor, and, being convicted person acting in aid of such offi"thereof, shall be liable, at the dis"cretion of the court, to be impris"oned for any term not exceeding "two years, with or without hard "labour."

4. On Peace and other Officers in Execution of Duty.

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cer, or shall assault any person "with intent to resist or prevent "the lawful apprehension or de"tainer of himself or of any other "person for any offence, shall be "guilty of a misdemeanor, and, be

"ble, at the discretion of the court, "to be imprisoned for any term not exceeding two years, with or without hard labour."

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An indictment charging that the defendant, in a churchyard, inter-" ing convicted thereof, shall be liarupted and obstructed W. C., clerk, in reading the order for the burial of the dead and interring a corpse, and unlawfully, and by threats and" menaces, hindered the burial of the By 32 & 33 Vict. c. 99, s. 12, corpse, is bad in arrest of judg "where any person is convicted ment, for not averring that W. Č." of an assault and battery on

FISII. DIG.-4

"any constable, or police, or peace | sion. Reg. v. Green, 8 Cox, C. C. "officer when in the execution 441-Blackburn.

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"of his duty, such person shall A. was indicted for assaulting a on summary conviction before "two or more justices, or one stip"endiary magistrate, be liable either "to pay a penalty not exceeding "207., and in default of payment to "be imprisoned for a term not ex"ceeding six months, or, in the dis"cretion of the court, to be im"prisoned for any term not exceed "ing six months, with or without "hard labour."

A constable and his assistants who take a bailiff into custody during an affray to rescue his prisoner, in which the bailiff struck one of the assailants, and the prisoner was rescued, are guilty of an assault and a rescue, as the bailiff was authorized by his warrant. Anon., 1 East, P. C. 305-Heath.

One of the marshals of the city of London, whose duty it was, on the day of a public meeting at Guildhall, to see that a passage was kept for the transit to their carriages of the members of the corporation and others, directed a person in the front of a crowd at the entrance to stand back, and, on being told by him that he could not for those behind him, struck him immediately on the face, saying that he would make him :-Held, that in so doing the marshal exceeded his authority, and that he should have confined himself to the use of pressure, and should have waited a short time to afford an opportunity for removing the party in a more peaceable way. Imason v. Cope, 5 C. & P. 193-Tindal.

policeman in the execution of his duty. It appeared that the policeman had gone into a public-house where the defendant was having high words with the landlady. The defendant tried to go into a room in the house in which a guest was, and the policeman, without being desired to do so, collared him, and prevented him from going into the room, and A. struck the policeman, and several blows passed on both sides:-Held, that if the jury was satisfied that no breach of the peace was likely to be committed by the defendant on the guest in the room, it was no part of the policeman's duty to prevent the defendant from entering it; but, assuming that to be so, if the defendant used more violence than was necessary to repel the assault committed on him by the policeman, the defendant would be liable to be convicted of a common assault. Reg. v. Mabel, 9 C. & P. 474-Parke.

A constable (out of the limits of the Metropolitan Acts) when he is clearing a public-house, is not act ing in the execution of his du less there is a nuisance or a disturbance of the peace. Reg. v. Prebble, 1 F. & F. 325-Bramwell.

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A. committed an assault upon a constable, who, two hours afterwards, having obtained assistance, and when there was no danger of any renewal of the assault, attempted. to apprehend him, and was wounded in the attempt :Held, that his apprehension at that time was unlawful; and that he was improperly convicted of wounding the constable with intent to prevent his lawful apprehension. Reg. v. Walker, 6 Cox, C. C. 371; 23 L. J., C. 123.

M.

An innkeeper, having an escaped felon in his house, to the policemen, who had remarked, "You scoundrel, how dare you harbour a felon ?" said "You had better go and find him;" but he did nothing, and the policemen went up stairs and A police constable, whilst standsaw the felon make his escape from ing outside the defendant's house, the window, is no evidence of an saw him take up a shovel and hold obstructing of the felon's apprehen-it in a threatening attitude over his

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