Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
hands; for “if a man does such an act, of which the probable consequence
may be, and eventually is, death, such killing may be murder, although
no stroke is struck;” _4 Bl. Com._ 197. What then if a man for profit
administer dangerous preparations of mercury to persons necessarily
exposed to change of temperature, and inclemency of weather; nay,
delusively hold out to them, that no mercury is employed, by which they
are induced to neglect the most ordinary precautions; if death ensue is
not this equally murder, _in foro conscientiæ_, as killing with the
sword? Malice may be implied in law, as well as apparent; it may be
general, as well as particular; and whenever a man has evinced, whether
from avarice, cruelty, or wantonness, such disregard for the lives and
safeties of mankind, as warrants the imputation of general malice, it is
not necessary that individual malice be proved towards the party who has
become his victim.[509] _1 Easts. P. C._ 231. “So too if a man hath a
beast that is used to do mischief, and he knowing it, suffers it to go
abroad, and it kills a man, even this is manslaughter in the owner: but
if he had purposely _turned it loose_, though barely to frighten people,
and make what is called sport, it is with us (as in the Jewish law) as
much murder as if he had incited a bear or dog to worry them;” _4 Bl.
Com._ 197. And _Hale_ says, _1 P. C._ 431, I have heard that the owner
was hanged for it. Is there much difference, whether the mischief be
done by a dangerous beast, or a poisonous drug? to us it appears that
the man who vends or administers the one, is as guilty as he who is
convicted of turning out the other. If _A_ give purging comfits to _B_
to make sport and not to hurt him, and _B_ dies thereof, it is a killing
by _A_, but not murder, but manslaughter; 1, _II. P. C._ 431; _Dalt._
_cap._ 93. Here _A_ is not supposed cognisant of the dangerous nature of
the comfits.
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