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Odger's English Common Law

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. cannot,<br />

Chapter V.<br />

ACTS ENDANGERING HUMAN LIFE.<br />

The common law made very scanty provision for the<br />

repression of acts which, merely endangered human life. If<br />

no fatal consequences followed and the act in question did<br />

not amount to either robbery or rape, the only remedy was an<br />

indictment for battery or assault—misdemeanours, which as<br />

a rule were very lightly punished. But many statutes have<br />

now been passed to remedy this omission.<br />

1. Attempt to Murder.<br />

Every attempt to commit a crime is a misdemeanour at<br />

common law; but an attempt to murder has been made<br />

felony by statute, whether any bodily injury be effected or<br />

not. 1<br />

It is punishable with penal servitude for life and<br />

therefore, be tried at Quarter Sessions.<br />

The statute gives as examples several kinds of acts which,<br />

if done with intent to murder, amount to an attempt to<br />

murder, such as administering poison, wounding or causing<br />

grievous bodily harm, blowing up buildings, setting ships on<br />

fire, or casting them adrift. Further, by section 14 it is a<br />

felony punishable with penal servitude for life to unlawfully<br />

and maliciously attempt to administer or attempt to cause to<br />

be administered to any person any poison or other noxious<br />

thing with intent to commit murder. Shooting at a person or<br />

attempting to shoot "by drawing a trigger or in any other<br />

manner," or attempting to drown, suffocate or strangle any<br />

person with intent to commit murder, is punished with equal<br />

severity.<br />

In the case of wounding with intent to murder, the<br />

B.C.L.<br />

1 24 & 25 Vict. c. 100, ss. 11—15.<br />

20

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