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§. 8.
Poisoning. |
Murther.
Also wilful killing of another by Poyson, was, and
is Murther by the
Common Law. See Stamf. 21. & Br. Indictment 41. |
Chap. 145. |
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And the Offenders therein, their Aiders, Abettors,
Procurers and
Counsellors shall suffer death, and forfeit in every behalf, as in other
cases
of wilful Murther, of malice prepensed, 1 Ed. 6. cap. 12.
Speculum Justic.
describeth these Offenders thus, Qui done al auter a manger, ou
auterment
chose envenom. |
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The Husband gave a poysoned Apple to his Wife, tot
he intent to kill
her, and she not knowing of it, to be poysoned, gave it to her Child,
who dyed thereof; this is Murther in the Husband, and yet he loved that
Child dearly: and so it had been, if a stranger of his own accord
had
after eaten thereof, and dyed thereof: for the putting of poyson
into the
Apple, &c. upon an evil and felonious intent, maketh it Murther, whosoever
be killed thereby. |
Plo. 474.
Co. 9. 81. |
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A. bringeth Drink that was poysoned (knowing
of it) to B. and advised
B. to drink of it, telling him, it would do him much good; by
reason of which perswasion, B. drunk of it (in the absence of A.)
and
dyed thereof, this was adjudged Murther in A. although he were not
present at the time of the taking of the poyson. If one giveth
corrupt
Victual to another, to the intent to poyson him, and he dyeth thereof
within the year and a day (this is Murther.) One layeth corruption
at
another mans door, to the intent to poyson him with the favour thereof,
and the other party taketh infection by the favour thereof and dyeth;
this is Felony, Lect. M. Cooke. |
Co. 4. 44.
Cromp. 30. |
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So if one giveth to another Spurge Comfets, or other
such things in
sport, and not in malice, and he that so taketh them dyeth thereof; this
is Felony. Ibid. |
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But if a man shall prepare Rats-bane, &c. to
kill Rats, &c. and shall lay
this in certain places to that purpose, without any evil intent, (sc.
without
any intent to kill any reasonable Creature) and another man finds
and eat this, and dieth thereof, this is no Felony, Plo. 474. |
Co. 9. 81. |
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The Master upon malice precedent, goeth to kill
another, and taketh
his Servants with him, but they knowing nothing of their Masters intent)
and the Master and his Servants do meet the other, and the Master
doth assault him, and the Servants taking their Masters part, do also assault
him and kill him; this is Murther in the Master, and but Man-slaughter
in
the Servant. |
Plo. 100. |
§. 9.
Rules in
Murther. |
1. Note, that when a man hath malice to one,
and intending and endeavouring
to kill him, he killeth another man; this is Murther whomsoever
he killeth, vid. Plo. 101. Dyer 128. Fitz. 262.
Stamf. 16. For his
intent was to Murther. |
Plo. 474. |
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Nay, if two fight upon malice prepensed, and in
their fight a stranger
(that would part them) cometh between them, and is killed, this is Murther
in them both, if it may not be proved which of them did kill him. |
Lamb. 238
F. Coro.
262.
Dyer 128. |
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A man upon malice shooteth at one, or lyeth in wait
to kill one, and
killeth another unwittingly, in both these cases it is Murther. |
Plo. 474. |
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2. Note also, that in all cases where a man
cometh or goeth about to
do any thing unlawful, as to kill, beat or disseise another, or to do any
other Trespass; and in doing this, he killeth any man, this is Murther.
See Cromp. 24. b. |
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One stealing Pears in another mans Orchard, and
the Owner came
and rebuked him, and the other killed him, this was adjudged Murther.
4 Mariæ. |
Cromp. 24.
Lamb. 237. |
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