| Chap. 148. |
Misadventure.
Criminal Causes (as Felony, &c.) his act and wrong shall not be
imputed
to him, for that Actus non facit reum, nisi mens fit rea, &c.
Sir Fr. Bacon
38. accordeth. |
351 |
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But if an Infant of such tender years, as that he
hath not discretion or
intelligence, if he kill a Man, that is not Felony in him, 3 H. 7.
1. b. |
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| Plow. 19. |
If one that is dumb killeth a Man, it is Felony;
yet quære, how he shall
be arraigned. |
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F. Coro.
193.
Stamf. 16. |
A Man born deaf and dumb, killeth another, that
is no Felony; for
he cannot know, whether he did evil or no; neither can he have a felonious
intent, &c. See hereof, tit. Surety for the Peace, antea.
Otherwise,
if he were not so born, but becometh so afterwards. See Br. Coron.
101.
& 217. ' That a Man which can neither hear nor speak, may commit
Felony,
' and shall be imprisoned, &c. |
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Yet note, in these former Cases of Homicide, committed
by persons being
Non compos mentis, or wanting discretion, such things happen by
an
involuntary ignorance; and therefore the Law accounteth such Act of
theirs to be no Felony. |
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Plo. 19.
Co. 4. 125. |
But if a Man that is drunk, killeth another, that
is Felony of Death;
for it is a voluntarily ignorance in him, in as much as such ignorance
cometh to him by his own act and folly. Sir Edw. Coke L. 247.
calleth a
Drunkard, Voluntarius Dæmon, and saith, That such a one hath
no priviledge
thereby, but what hurt or ill soever he doth, his drunkenness
doth aggravate it.
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Misadventure or Case. CHAP. CXLVIII.
V. 96.
By the Statute of Marl. cap. 25. killing a
Man by Misfortune or Misdaventure
only, shall not be adjudged Murther. |
§. 1. |
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' Misadventure, in a general signification, is where
a Man is killed partly
' by negligence, and partly by chance, and against the mind of the
killer; and when the killers ignorance or negligence is joyned with the
chance; Or Homicide by Misadventure or Misfortune more legally, is
when any person doing a lawful thing, without any evil intent, hapneth
to kill a Man casually; by the Law of God there was a City of Refuge
appointed for such persons to flie unto, Numb. 33.15. & 22.
Josh. 20.3. for
such an Act hapning in such sort, seemeth to be the Work of God himself.
See Prov. 16.33. & Exod. 21.13. And by our Law
now, this is no Felony
of Death, neither shall there be any Judgment of Death given upon
him; but he shall have his Pardon of Course, for his Life and his Lands;
yet he shall forfeit his Goods in regard that a Subject is killed by his
means.
See Stamf. 16. a. b. Fitz. Coron. 69. 302. & 354.
Br. Forf. 9. & Co. 5.
91. b. |
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See Exod.
21.21, 21.
Stamf. 12. |
As if a School-master in reasonable manner beating
his Scholar, for correction
only, or a Man correcting his Child or Servant, in reasonable manner;
and the Scholar, Child or Servant happen to die thereof; this is
Homicide by Misadventure, Cro. 136. Bract. 1121. |
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So if a Man shooting at Buts, Pricks or other lawful
Mark, and by
the shaking of his hand or otherwise against his will, he killeth one that
standeth or passeth by, 21 Hen. 7. 29. Rede. 6 Edw.
4. 7. Br. Coron.
59. & 148. |
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So if a Carpenter, Mason or other person doth throw
or let fall a
Stone, Tyle or Piece of Timber from an House of Wood, or other thing |
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