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
Decency and public policy require that burials should not be delayed,
and it may not be amiss here to observe that the old notion of
arresting a body for debt, is now utterly exploded, as contrary not
only to the civil and canon law, (see _Wood’s Civ. Law_, 148; 2
_Domat_ 628: _Lindw._ 278,) but to reason and the law of the land.
Vide ante, Vol. 1. p. 100.
Footnote 92:
It is said that to act upon the mind by terror, continual griefs or
vexations, though with the intent to kill, is not murder, unless there
be some personal violence, 1 _East. P. C._, _p._ 225: but query this,
the proof of the crime may be difficult, but its perpetration is far
from impossible. To act on the mind of a pregnant woman by extreme
terrors, and so produce abortion and death of malice prepense, would
certainly be murder in its most atrocious form; it might require some
ingenuity in framing the indictment; but our law is fertile in
fictions on less worthy occasions, and ought not to allow its just
vengeance to be avoided. In cases of murder by starvation there may be
no actual violence, yet the law reaches this offence; sometimes indeed
imprisonment forms a part of the crime, but this may not always be the
case; for if the deceased were confined to his bed by disease, so that
he could not seek his own food, and those who were bound to supply him
maliciously neglected their duty, it would be murder by omission
without any personal violence committed. _See_ _Self’s_ case, 1 _East.
P. C._ 226: 1 _Leach, C.C._ 163, and authorities there. So in an
indictment for starving a servant, _Lawrence_, J. intimated, that he
thought the indictment insufficient, in not alleging _that Elizabeth
Williams was a girl of tender years, and under the dominion and
controul of the defendant_. _Rex v. Eliz. Ridley_, 2 _Camp. R._ 650.
See also _Regina v. Gould. Salk._ 381.
Footnote 93:
“Such also was the case of the parish officers who shifted a child
from parish to parish, till it died for want of care and sustinence.”
1 _East. P. C._ 226, and authorities there. Unfortunately this species
of crime is not of very rare occurrence; numerous instances might be
cited where the death of a pauper has been caused by the barbarous
custom of removing the poor, without the slightest regard to their
age, disease, or infirmity.
Footnote 94:
As we are not aware of the existence of any poisonous filth so noxious
as to destroy by its mere stench, we shall not enlarge on this head;
we have indeed heard of an attempt to kill by the smoke of burning
Euphorbium, but without believing in its power. _Vide ante tit.
Nuisance, et post, Aerial poisons._
Footnote 95:
In this case it is not necessary that there should be any signs or
even suspicion of violence; the bare fact that they died in gaol is
enough.
Footnote 96:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account