“Next came the statute of the 9th of George IV. cap. 31, which, I believe, is generally called Lord Lansdowne’s Act; that noble Lord having introduced it into parliament when he was Secretary of State for the Home Department. This is entitled ‘An Act to consolidate and amend the statutes relating to offences against the person.’ It repeals the Black Act and Lord Ellenborough’s Act, but it contains provisions similar to those of the latter. The eleventh section enacts, ‘That if any person unlawfully and maliciously shoot at any person, with intent to maim, disfigure, or disable such person, or do some other grievous bodily harm to such person, he shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.’ But this act contains the same proviso as was inserted in Lord Ellenborough’s Act, ‘That in case it shall appear on the trial of any person, that, if death had ensued therefrom, the same would not have amounted to the crime of murder, the person so indicted shall be acquitted of felony.’ Still it remained a capital offence to shoot at with intent to murder, or maim, or disfigure, or do bodily harm, although no wound was inflicted. “Things remained on this footing until the act was passed on which the present indictment was framed. This act, which received the royal assent on the 17th of July 1837, is the 1st of Victoria, cap. 85, and is entitled, ‘An Act to amend the laws relating to offences against the person.’ The preamble recites that ‘it is expedient to amend so much of the act of the 9th of George IV. as relates to any person who shall unlawfully and maliciously shoot at any person, or who shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person,’ &c.; and by the second and third section it enacts, ‘That whosoever shall stab, cut, or wound any person, or shall, by any means whatsoever, cause to any person any bodily injury dangerous to life, with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and, being convicted, shall suffer death.’ Therefore, by this act, to shoot at a person and inflict a wound dangerous to life remains a capital offence; but the act of shooting, when no wound is inflicted, is no longer a capital offence, and remains a felony only, punishable with transportation or imprisonment. The fourth section enacts, ‘That whosoever unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, attempt to discharge any kind of loaded arms at any person, with intent to maim, disfigure, or disable such person, or do some other grievous bodily harm to such person, he shall be guilty of felony, and, being convicted thereof, shall be liable to be transported beyond the seas,’ &c. This act contains no such proviso as is to be found in Lord Ellenborough’s Act, and that of the 9th of George IV.; a circumstance which it is material your lordships should bear in mind, when you come to deliberate