Grace the Lord High Steward, who presides over your lordships’ proceedings on this occasion, and Mr. Justice Littledale. It would not become me to say anything of the learning and ability of the noble High Steward in his presence; but, with respect to Mr. Justice Littledale, I will say, that there never was a more learned or acute judge than he was, whose retirement from the bench the bar has lately witnessed with reluctance and regret. I therefore attach the greatest weight to any doubts proceeding from such a quarter; but the thirteen other judges entertained no doubt upon that occasion, and came to the conclusion, that, upon the fourth section of the act upon which the present indictment was framed, it is not necessary for a conviction, that if death ensued the offence should amount to murder. The case to which I refer is to be found in the second volume of Moody’s Crown Cases, page 40. It was a case tried before Mr. Baron Parke, on the Norfolk Spring Circuit, in 1838.” The Lord High Steward.—“What is the name?” The Attorney-General.—“The case is anonymous, the name of the prisoner not being given; but it is an authentic case, and the point in doubt is clearly set forth in the question submitted to the fifteen judges. I will read what is material to your lordships:—‘The opinion of the judges is requested by Mr. Baron Parke and Mr. Baron Bolland, upon two questions which arose in the Norfolk Spring circuit, 1838.’ The first question only is material. The case first recites the 9th George IV. sec. 11 and 12, and the preamble and enacting part of 1st Victoria; points out the circumstance that the latter act does not contain the same proviso as is found in those of Lords Ellenborough and Lansdowne; and then submits this question for the opinion of the judges:—‘Is it now a defence to an indictment for wounding with intent to maim, &c. that, if death had ensued, the offence would not have been murder, but manslaughter?’ Your lordships will observe, that shooting at, with intent to maim or disable, and stabbing with the same intent, are in the same category, and must be attended with all the same rules and incidents. This opinion will therefore have the same authority as if the question submitted by Barons Parke and Bolland had been whether, on an indictment for shooting at, with intent to disable, it would be a defence to show, that, if death had ensued, the offence would not have amounted to murder. The opinion of the judges was as follows:—‘At a meeting of the judges in Easter term, 1838, they all thought it to be now no defence to such an indictment, that, if death had ensued, the offence would not have been murder, but manslaughter; except the Lord Chief Justice, Lord Denman, and Mr. Justice Littledale.’ The Lord Chief Justice and Mr. Justice Littledale, it will be observed, did not dissent, they only doubted; but the other thirteen judges seem clearly to hold, that the plea set forth does not now amount to any defence; and