Can a wife be convicted of any offences committed in the presence of her husband?

She cannot be convicted of theft, burglary, or the like, because it may be fairly assumed she is acting under the coercion of her husband, but she may be in cases of murder, manslaughter, and the like, as also of treason.

Are there any other compulsions or necessities which afford an excuse for committing an offence?

In the case of duress per minas, that is, threats which induce a fear of death or bodily harm; and a man may kill another in selfdefence.

Can the sovereign commit any crime?

No; from the excellence and dignity of the Crown, he is incapable of doing wrong.

CHAPTER III.

PRINCIPALS AND ACCESSORIES.

What are the different degrees of guilt in criminals? (1) As principals; (2) as accessories.

Distinguish between a principal in the first and second degree.

A principal in the first degree is he who commits the act. A principal in the second degree is he who is present at aiding and abetting the commission.

What is an accessory?

He who does not commit the act, nor is present at the commission, but is in some sort concerned therein, either before or after.

In what offences can there be accessories?

Only in felonies; in high treason and misdemeanors all the

parties are principals. In manslaughter there can be no accessory before the fact, because of the unpremeditation of the act.

What is an accessory before the fact?

He is one who, being absent when the crime is committed, hath procured, counselled, or commanded another to commit it.

What is an accessory after the fact?

Where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon.

Is there any and what recent alteration in the trial and punishment of accessories either before or after the fact?

By 24 & 25 Vict. c. 94, sect. 1, an accessory before the fact may be indicted, tried, convicted, and punished as if he were a principal felon; and by the 3rd section, an accessory after the fact may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted or convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished as any accessory after the fact to the same felony, if convicted as an accessory, may be punished.

Can accessories to a felony be indicted after the conviction of the principal; and, if so, under what statute?

By 24 & 25 Vict. c. 25, sect. 5, if any principal offender be convicted of felony, it shall be lawful to proceed against an accessory before or after the fact in the same manner as if such principal felon had been attainted thereof, notwithstanding the principal die or be pardoned, or otherwise delivered before attainder, and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principal had been attainted.

CHAPTER IV.

OFFENCES AGAINST THE PERSON.

What are crimes against the personal security of individu ils? (1.) By homicide or destroying of life.

(2.) By other corporal injuries.

What are the various kinds of homicide?
(1) Justifiable; (2) excusable; (3) criminal.

Under what circumstances is homicide justifiable?
(i.) By necessity and command of the law.

(ii.) By permission of law (1st) for the furtherance of public justice; (2nd) for the prevention of some forcible felony.

Under what circumstances is homicide excusable?

(1.) Per infortunium or by chance medley, as where a person at work accidentally kills another.

(2.) Se defendendo or in self defence.

What is criminal homicide?

The killing of a human creature without justification or excuse, effected by (1) killing one's self, or (2) killing another.

What is self murder?

Where one deliberately or by any unlawful malicious act puts an end to his own life. It is a felony, and the punishment is an ignominious burial, i.e., without Christian rites (4 Geo. IV. c. 52); but 33 & 34 Vict. c. 23 abolishes the forfeiture of goods and chattels previously consequent upon this offence.

Of what offences does killing another consist? (1) Manslaughter; (2) murder.

Define manslaughter.

The unlawful killing of another without malice express or implied, voluntarily or involuntarily, in commission of an unlawful act. The crime is a felony and the punishment penal servitude for life, or not less than five years, or imprisonment with or without hard labour, or a fine in addition to or substitution for such punishment.

Define murder.

Murder is when a person of sound memory and discretion unlawfully killeth any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied. The crime is a felony, and is punishable with death, 24 & 25 Vict. c. 100, to be carried out in the manner provided by 31 Vict. c. 24. Within what time must death ensue to constitute murder?

Within a year and a day, the whole day being counted as the first upon which the injury was received.

Of what offence is a person guilty who attempts to murder? Attempts to murder until very recently amounted to a capital felony; but by 24 & 25 Vict. c. 100, s. 11, it is now enacted that whosoever shall administer, or cause to be administered to or taken by any person, any poison or other destructive thing, or shall, by any means whatsoever, wound or cause any grievous harm to any person with intent to commit murder, shall be guilty of felony, and on conviction may be sentenced to penal servitude for life, or for not less than five years, or imprisonment for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. See also sect. 15 of the above Act.

What is Mayhem?

Mayhem may be properly defined as the violently depriving another of the use of such of his members as may render him less able in fighting, either to defend himself or to annoy his adversary. Formerly, the maimer was punished in like manner, the old law being membrum pro membro. Now, by 24 & 25 Vict. c. 100, sect. 18, the offence is a felony, and is liable to the same punishment as last mentioned in the case of an attempt to murder.

CHAPTER V.

OFFENCES AGAINST PROPERTY.

What are the crimes which affect the habitations of individuals? (1) Arson; (2) burglary; (3) sacrilege and housebreaking by day.

What is arson, and what the essential ingredient in the offence?

The malicious and wilful burning of the house, outhouses, &c., of another man. The burning must be malicious to constitute arson, otherwise it is only a trespass.

On an indictment and conviction of arson, does the punishment differ in the cases of the premises being inhabited or not?

By 24 & 25 Vict. c. 97, s. 2, setting fire to any dwelling-house, any person being therein, is punishable by penal servitude for life, or not less than five years, or to imprisonment, &c., with whipping. See also sects. 1, 3, 4, and 5, under which similar punishments are adjudged in the cases of the buildings and property therein mentioned. In other cases, the punishment is fourteen years, instead of for life, or by imprisonment, &c.

What is burglary?

Burglary is the breaking and entering by night into a mansion or house with intent to commit a felony.

What are the four things to be considered in burglary?

(1.) The time, which by 24 & 25 Vict. c. 96, must be between nine in the evening and six in the morning.

(2.) The place: It must be a mansion or dwelling-house, or some building communicating with it.

(3.) As to the manner, there must be both a breaking and an entry to complete it. They need not occur together; there may be the breaking first, and then the entry, or the entry, and then by 24 & 25 Vict. c. 96, s. 51, the breaking out.