ASSAULT AND REAL INJURY.
Assault committed if injury at-
tempted though not taken effect,
175

Same rules followed in considering
defence of provocation as in mur-
der, 176

Words will not justify blows, 176
Nor blows with a stick, lethal wea-
pons, 177

But words will extenuate blows,
177

Material who struck first blow, 177
Injured person must not carry his
retaliation so far as to become ag-
gressor, 177

Nothing relevant to extenuate but
what occurred de recenti, 178
One or two days alone allowed on
this point, 179

ATTEMPT AT MURDER.

Is an offence warranting the high-
est arbitrary punishment at com-
mon law, 163

Same rules in judging of intent as
in murder, 163
Cases, 164, 165

Same defences available to pannel

on the ground of justification or
alleviation, 165

Crime when pannel has done all he

could to effect it though effect
has failed, 165, 166

Same holds where deventum sit ad

actum proximum, 166

Purchasing and administering poi-
son, 167

Purchasing alone insufficient, 167
Statutory law on the subject, 6th
Geo. IV. c. 126, 167

Cases under that statute, 168, 169
Subsisting act 10th Geo. IV. c. 28,
170, 171

Lord Ellenborough's act, 172
Difference between it and the
Scotch acts, 173

Cases decided in England under
Lord Ellenborough's act, 173, 174

BIGAMY.

Both marriages must have been for-
mal and regular, 536
But this does not hold if second
marriage is solemnized after ir-
regular fashion of a place, 536
Or first marriage, though at first
clandestine, has subsisted as re-
gular for long, 537
First marriage must be a lawful
and subsisting connexion, 537,

538

Extraordinary exception to this in
English law, 538

Now altered by 9th Geo. IV. c. 31,
§ 22

May be art and part in bigamy, 539
Both marriages must be proved by

best evidence, 540

First wife incompetent witness, 540
Second wife competent, 541
Enough for prosecutor to prove se-
cond marriage, and that first wife
is alive, 541

Pannel must rebut this by shewing
second marriage was contracted
not knowing of first continuing,
541, 542

Punishment of bigamy, 542, 543

BLASPHEMY.

Old statutes against, now repealed,

643

Still offence at common law, 643
Cases on it, 644

BREACH OF TRUST.

Distinction between, and theft, 354,
355

If article be delivered with design
of transferring real right, or of
subjecting receiver to mere ac-
counting, subsequent appropria-
tion is not theft, 354, 355
Appropriation of clothes by ser-
vant, 355

Of rents by factor, 355

Is breach of trust where goods em-
bezzled were not corpus to be re-
delivered, but intromissions to
be accounted for, 356, 357
Cases on this subject, 356, 357
Shopkeeper's clerk, or carrier, who

receives money not sealed up,
for his master's behoof, and ap-
propriates it, commits breach of
trust, 358, 359

Otherwise if parcel is sealed up or
errand short, 359
Appropriation of goods in trades-
man's hands, when put there for

BREACH OF TRUST.

purpose of undergoing a long ope-
ration, is breach of trust, 359, 360
Is breach of trust if wrong consists
only in failure to redeliver, 360
Or if goods are found in a situation
not inferring knowledge of true
owner, 361

But if true owner known, is theft,
361

CARRYING OFF a DelegatTE.

Is point of dittay at common law,
642

Cases on this head, 643

CASUAL HOMICIDE.

Occurs where a person kills acci-
dentally and unintentionally,
when neither meaning harm nor
having failed in the due degree
of circumspection, 139, 140
Homicide will be construed casual
though the fatal result might, by
extreme care, be prevented if or-
dinary care was not awanting,

141

Cases on the subject, 142
In steam-boats, 142
English cases, 143

Caution required not the utmost
care which can be used, 144
But such as by experience has ac-
tually been found to be suffi-
cient, 144, 145

CHILDMURDER AND CONCEALMENT.
Acts 1690, c. 21, and 49th Geo. III.
c. 14, on concealment.
Is not necessary under the statute
the child should have been killed,

153

Prosecutor must prove the woman
was pregnant for such a time as
rendered birth of a living child
possible, 153, 154

If there was only a miscarriage at
four or five months, the prisoner
must be acquitted though all the
statutory requisites concur, 154.
Prosecutor need not prove the child
was born alive, but only birth of
living child possible, 154, 155
Having done so, pannel must prove
it was still-born, 155

Concealment must have been com-
plete during whole time, without
disclosure to a single person, 155,

156
Disclosure to father takes case out
of statute, 156