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thereby causes the death of any person, guilty of culpable negligence.]
(3) Felonious homicide is of two kinds—(i) Murder and (ü) Manslaughter.
(i) MURDER (a).-Murder is thus defined by Lord COKE:“When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied.” [See also 24 & 25 Vict. c. 100, ss. 1, 2, 3; EPITOME OF STATUTES, post.]
“Express malice" is where one person kills another with a deliberate mind and formed design, evidenced by external circumstances, such as lying in wait, antecedent menaces, former grudges, and concerted schemes to do the party some bodily harm.
“Implied malice" is shown by the commission of an act which is calculated to bring about the unlawful result, for it is a maxim of law that—“Every one must be taken to intend that which is the natural consequence of his actions."
Regarding Attempts to Murder, see WOUNDING, post.
(ü) MANSLAUGHTER.—Manslaughter is defined as the unlawful killing of another without malice express or implied, which may be voluntary upon a sudden affray, or involuntary, but in the commission of some unlawful act. See 24 & 25 Vict. c. 100, s. 5 ; EPITOME OF STATUTES, post.
The following acts are given by Mr. Justice STEPHEN from reported cases as amounting to such provocation as may reduce homicide from murder to manslaughter :1. An assault or battery of such a nature as to inflict bodily
harm or great insult. 2. Two persons engaged in a sudden fight, or unpreme
ditated duel offer provocation to each other. 3. Unlawful imprisonment or unlawlul arrest.
(a) Regarding steps to be taken in investigating cases of homicide, see under title CRIMINAL INVESTIGATION, p. 58.
4. An act of adultery committed on a wife in the presence
of her husband, or an unnatural offence in a son in
the presence of his father. Infanticide is the killing of an infant after it is born. See also pp. 61, 110.
Horse Slaughtering. (26 Geo. 3, c. 71; 7 & 8 Vict. c. 87 ; 12 & 13 Vict. c. 92,
ss. 7–11.) No person may keep or use any house for slaughtering any horse, or other cattle, not killed for butcher's meat, without a license from the quarter sessions, subject to a penalty of 51. a day.
Slaughterers are required to keep registers, and affix name, &c., to premises; they have to observe certain rules regarding keeping and marking horses brought for slaughter. See under CRUELTY TO ANIMALS, ante.
Any constable may, at all reasonable times of the day, alone, or with any inspector, enter and inspect all premises licensed for slaughtering, and inspect or take an account of any cattle therein.
Housebreaking. Housebreaking—See 24 & 25 Vict. c. 96, ss. 56 and 57; EPITOME OF STATUTES, post. See also title BURGLARY, ante.
The same conditions apply to Housebreaking as to Burglary, but the breaking and entering must be by day (6 a.m. to 9 p.m.) instead of night.
Husband and Wife. Neither a husband nor a wife can give the other into custody except on a charge of personal violence (b), or as provided by section 12 of the Married Women's Property Act, 1882 (see under that title, post).
(6) It is not advisable for the police to interfere in domestic quarrels unless actual violence appears imminent.
Regarding competency of husband and wife to give evidence for or against each other in civil or criminal proceedings, see title EVIDENCE, ante, pp. 146.
Coercion, &c.—If a wife commits a felony other than any crime attended with violence (a), the law presumes she acted under the coercion of her husband if the crime be committed in his presence, and such coercion excuses her act; but the presumption may be rebutted by positive proof that the woman acted as a free agent.
A married woman cannot be convicted as a receiver of stolen goods when the property has been taken by her husband and given to her by him. It is for the jury to say whether the wife received the property from her husband or not, and if not whether she received it in his absence (R. v. Wardroper, 29 L. J. 116). Even if jointly indicted the wife may be found guilty as well as the husband if the jury find that she was acting independently of her husband and not under his control (R. v. Cohen, 32 J. P. 565).
In offences punishable under summary conviction a husband and wife may be jointly convicted and punished for offences of which they have been jointly guilty.
A wife may be indicted with her husband for keeping a brothel, and a married woman living with her husband may be convicted as a bailee (R. v. Robinson, 31 L. J. 22).
Separate property of wife. As to protection and security of her own property to use of wife, see title MARRIED WOMEN'S PROPERTY Act, 1882, post.
(a) It is uncertain how far this principle applies to felony in general, but in treason, murder, homicide, perjury, and, according to the authorities, in misdemeanors generally, the presence and coercion of the husband will not avail the wife. It may, however, be observed that the courts of law have been disposed to extend the wife's protection to many cases of misdemeanor, as for instance, attempting to commit felony, uttering base coin, &c. (R. v. Price, 8 C. & P. 19; “Stone's Justices Manual,” 21st ed. p. 828.
Husband's goods.-By the common law a woman cannot be convicted of stealing goods belonging to her husband, or to her husband and others, but this has been modified by recent legislation. See title MARRIED WOMEN'S PROPERTY Aot, 1882, post.
Judicial separation.—41 & 42 Vict. c. 19, provides that if a husband is convicted of an aggravated assault upon his wife within the terms of 24 & 25 Vict. c. 100, s. 43, the justices may, if satisfied that the future safety of the wife is in peril, order that she shall be no longer bound to cohabit with him, and such order has the effect of a decree of judicial separation on the ground of cruelty. The justices may order the husband to pay a weekly allowance to the wife, and may give her the legal custody of all the children under the age of ten years.
Order of protection.—Under the Divorce Act (6), 20 & 21 Vict. c. 85, jurisdiction has been given to justices in cases of desertion by the husband.
Section 21 of the Act enacts that a wife deserted by her husband may at any time after such desertion, if resident within the metropolitan district, apply to a police magistrate, or if resident in the country to justices in petty sessions, or in either case to the court for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of after such desertion, against her husband or his creditors, or any person claiming under him.
Impounding Cattle. See title CRUELTY TO ANIMALS, ante.
Indecent Assault. See title RAPE, post.
(6) With divorce proceedings the police have nothing whatsoever to do, and should not make themselves the medium of inquiries or communications in divorce cases.
Indictable Offences Act, 1848.
(11 & 12 Vict. c. 42.) This Act, which, with the Summary Jurisdiction Act of the same year (a), are generally known as “Jervis's Acts,' contains a complete code of the procedure to be taken by justices of the peace in the case of persons committing indictable offences.
Warrants.—That in all cases where a charge or complaint shall be made before any justices of the peace for any place within England or Wales, that any person has committed or is suspected to have committed any indictable offence whatsoever, within the limits of the jurisdiction of such justices, or that any person guilty of having committed any such offence out of the jurisdiction of such justices is suspected to reside or be within the jurisdiction, then, if the person shall not be in custody, the justices may issue a warrant to apprehend him, and have him brought before them. If they think fit they may, however, summon him first, and if the summons be not obeyed, then a warrant may be issued (section 1).
Section 2 gives power to the justices to issue a warrant to apprehend for offences committed on the high seas or abroad.
By section 3, where any indictment shall be found by the grand jury in any court against any person then at large, the clerk of the indictments at such court, or the clerk of the peace, shall, on application of the prosecutor, and payment of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto the prosecutor a certificate of the indictment having been found; and upon production of the certificate to any justice of the peace for any place in which the offence shall be alleged to have been committed, or in which the person indicted is supposed to reside, the justices may issue a warrant to apprehend such
(a) See EPITOME OF STATUTES, “Summary Jurisdiction Acts,” post.