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
By the 43 _Geo._ 3. _c._ 58. (commonly called Lord _Ellenborough’s_ Act)
any person administering poison with _intent_ to murder another, (though
no death ensue) or to procure the miscarriage of a woman quick with
child, is declared guilty of felony without benefit of clergy: and
persons administering medicines to procure miscarriage, though the woman
is not quick with child, are declared guilty of felony, punishable by
imprisonment or transportation (_vide post_). If a man persuade another
to drink a poisonous liquor, under the notion of a medicine, who
afterwards drinks it in his absence, or if _A_, intending to poison _B_,
put poison into a thing, and deliver it to _D_ who knows nothing of the
matter, to be by him delivered to _B_, and _D_ innocently delivers it
accordingly in the absence of _A_;[109] in this case the procurer of the
felony is as much a principal as if he had been present when it was done
(2 _Hawk. P. C._ 443: _Vin. Ab. tit. Accessory_) or if one mix poison
with any eatable with intent to kill another, and a stranger casually
eat it and die,[110] it is murder; _Dalton_, 93. _Agnes Gore’s_ case for
poisoning by ratsbane (9 _Co. Rep._ 81: _Palm. R._ 547.), not so if it
be to kill vermin; but query if it be manslaughter where there is not
proper precaution, as where the poison is laid in ordinary places for
keeping meat, and mixed with ordinary food, so that a child may take it.
1 _East. P. C._ He that counsels another to give poison, if that other
doth it, the counsellor, if absent, is accessory _before_. _Coke, P. C._
49. Case of the murder of Sir _Thomas Overbury_, _Harg. St. Trials_. But
he that absolutely gives or lays the poison, to the intent to poison,
though he be absent when it is taken by the party, yet he is principal,
and this was _Weston’s_ case. _Harg. St. Trials_: _Co. P. C._ _p._ 49.
_Vaux’s_ case, _ubi supra_, and _Donellan’s_ case for the murder of Sir
_Theodosius Boughton_, _Warwick Assizes_, 1784. See _Appendix_, 243.
It is not our intention to detail every mode by which murder by poison
may be committed; too many are already known to the world in general; on
those which are known, we may safely comment; nor would there be as much
mischief as is commonly supposed in hinting at some others; for if any
should study this subject with evil intention, he may be assured that
the progress of modern science, though it may have discovered some new
modes of destruction, has been yet more fertile in antidotes for the
injured, and in means of detecting the guilty.
OF POISONS,
CHEMICALLY, PHYSIOLOGICALLY, AND PATHOLOGICALLY CONSIDERED.
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