Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences by Arthur L. Hayward
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page 22 of 954 (02%)
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another in doing a felony, though it be by accident, or where a person
fires at one who resists his robbing him and by such firing kills another against whom he had no design, yet from the evil intention of the first act, he becomes liable for all its consequences, and the fact, by an implication of malice, will be adjudged murder. Nay, though there be no design of committing felony, but only of breaking the peace, yet if a man be slain in the tumult they will all be guilty of murder, because their first act was a deliberate breach of the Law. There is yet another manner of killing which the Law punishes with the utmost severity, which is resisting an officer, civil or criminal, in the execution of his office (arresting a person) so that he be slain, yet though he did not produce his warrant, the offence will be adjudged murder. And if persons who design no mischief at all, do unadvisedly commit any idle wanton act which cannot but be attended with manifest danger, such as riding with a horse known to kick amongst a crowd of people, merely to divert oneself by putting them in a fright, and by such riding a death ensues, there such a person will be judged guilty of murder. Yet some offences there are of so transcendent a cruelty that the Law hath thought fit to difference them from the other murders, and these are of three sorts, viz., where a servant kills his master; where a wife kills her husband; where an ecclesiastical man kills his prelate to whom he owes obedience. In all these cases the Law makes the crimes Petit Treason._ _From crimes committed against the lives of men we descend next to offences against their goods, in which, that we may be the more clearly understood, we shall begin with the lowest kind of thefts. The Law calls it larceny where there is felonious and fraudulent taking and carrying away the mere personal goods of another, so long as it be neither from his person nor out of his house. If the value of such goods be under |
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