"that any person stabbing or cutting another with intent to murder, rob, maim, disfigure or disable him, or to do him some other bodily harm, or to oppose his own apprehension, or the lawful taking of an accomplice, shall be guilty of felony without benefit of clergy." See post 788. &c. where this act is recited at large. ment. Indictment.-Every indictment for maiming, though at Indict common law, must charge the offence to have been done feloniously, because though the defendant was formerly punished with loss of member, Hawk. b. 2. c. 23. s. 18. The term maheimavit was always essential formerly, as the word maim is at present, id. s. 17. The* wound should be set forth with the [*787] same degree of precision as in cases of murder, id. s. 79. and a similar conclusion must be drawn, that so the defendant did feloniously maim, &c. though this will not supply the omission of either of these words in the previous description of the violence, 1 East, P. C. 402. In case of indictment on the statute of Charles, its language must be accurately followed; so that the expressions on purpose, of malice aforethought, and by lying in wait, as well as the allegation that the act was done with intent to maim and disfigure, are material, id. ibid. As to the proceedings by appeal, the defence, and the mode of trial, when that course is taken. See Hawk. b. 2. c. 23. s. 15 to 27. and 1 East, P. C. 402, 3. but the subject is not of sufficient practical importance at the present day, to require further discussion here. INDICTMENT FOR SLITTING NOSE ON COVEN TRY ACT. That J. W. late of, &c. labourer, and A. C. late of, &c. Indictesquire, on, &c. contriving and intending one E. C. then and ment on Coventry yet being a subject of our said lord the king, to maim and Act, 22 disfigure (b) at, &c. with force and arms, in and upon the and 23 said E. C. in the peace of God and our said lord the king, Car. 2. c. then and there being, on purpose (c) an on, (or " of their") 1. For femalice forethought, (d) and by lying in wait unlawfully and slitting a lony, by feloniously (e) did make an assault, and the said J. W. with nose, and (a) From Cro. C. C. 264. See the indictment on which Carroll and King were convicted, Cro. C. A. 219, and the proceedings, 1 Leach, 55. See also an abstract of the indictments against Mills, 1 Leach, 259, and the Latin indictment against Coke and Woodbourne. 6 Harg. St. Tr. Append. 60. and see in indictCrim. Law. against the aider' ments under 4 Hen. 5. c. 5. for beat- and abeting out eyes, and cutting out the tor. (a) tongue, West. 103, 4. (b) This is necessary, 1 East, P. C. 402. ante 786, 7. (cd) These words are material, 1 (e) This is requisite, Hawk. b. 2. E C a certain iron bill of the value of one penny, which he the said J. W. in his right hand then and there had and held (f) the nose of the said E. C. on purpose, and of his malice forethought, and by lying in wait, then and there unlawfully and feloniously did slit, with intention, the said E. C. in so doing, in manner aforesaid, to maim and disfigure, (g) and that [788] the aforesaid* A. C. at the time the aforesaid felony by the said J. W. in manner and form aforesaid, was done and committed, to wit, on the said, &c. at, &c. with force and arms, on purpose, and of his malice forethought, and by lying in wait unlawfully, and feloniously was present, (knowing of and privy to the said felony) (h) aiding and abetting the said J. W. in the felony aforesaid, in manner and form aforesaid done and committed. And so the jurors, &c. do say (i) that the said J. W. and A. C. on the said, &c. at, &c. aforesaid, with force and arms, on purpose and of their malice forethought, and by lying in wait, the felony aforesaid, in form aforesaid, unlawfully and feloniously did do and commit, and each of them did do and commit, against the peace, &c. and against the form, &c. On 43 Geo III. c. 58. s. 1. for malicious INDICTMENTS FOR MALICIOUSLY CUTTING, That C. H. late of, &c. on, &c. with force and arms, at, ly cutting &c. in and upon one C. R. a subject of our said lord the the prose cutor. (k) (f) The same precision necessa ry as in murder. Hawk. b. 2. c- 23. s. 79. (g) Vide supra. (h) The words of the statute. (k) See other precedents, Cro. charge the same at or against his or their person or persons, or shall wilfully, maliciously and unlawfully stab or cut any of his majesty's subjects, with intent in so doing, or by means thereof, to murder or rob, or to maim, disfigure or disable such his majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his majesty's subject or subjects, or with intent to obstruct, resist or prevent the lawful apprehension and detainer of the person or persons so stabbing or cutting, or the lawful apprehension and detainer of any of his, her or their accomplices, for any offences for which he, she or they may respectively be liable by law to be apprehended, imprisoned or detained, or shall wilfully, ma king, then and there* being, feloniously wilfully, malicious- [*789] ly and unlawfully did make an assault, and with a certain sharp instrument, then and there feloniously, wilfully, maliciously and unlawfully did strike and cut the said C. R. in and upon the right arm of her the said C. R. with intent in so doing wilfully and of his malice aforethought, to kill and murder her the said C. R. to the great damage of the said C. R. against the form, &c. and against the peace, &c. [Se- Second cond Count same as the first, only instead of stating the intent count. to murder, aver it to be "to disable her the said C. R." and conclude as before. Third count similar to the first, only Third stating the intent to be " to do some grievous bodily harm count. to the said C. R."] liciously 43 Geo. That J. M. late of, &c. H. M. late of, &c. T. M. late of, For ma&c. on, &c. with force and arms, at, &c. with a certain pis- shooting tol loaded with gunpowder and divers, to wit, six leaden at and cutslugs, feloniously, wilfully, maliciously and unlawfully, did ting under shoot at one J. M., then and there being a subject of our III. c. 58. said lord the king, and in the peace of God and our said lord 9. 1. (i) the king then and there being, and with divers sharp and offensive weapons, to wit, with a certain sword, and with a certain hedging hook, him the said J. M. then and there being such subject as aforesaid, they the said J. M. H. M. and T. M. then and there feloniously, wilfully, maliciously liciously and unlawfully administer to, or cause to be administered to, or taken by any of his majesty's subjects, any deadly poison, or other noxious and destructive substance or thing, with intent such his majesty's subject or subjects thereby to murder, or thereby to cause and procure the miscarriage of any woman then being quick with child (†) or shall wilfully, maliciously and unlaw. fully set fire to any house, barn, granary, hop oast, malt house, stable, coach house, out house, mill, warehouse or shop, whether such house, barn, &c. shall then be in the pos session of the person or persons so setting fire to the same, or in the possession of any other person or persons, or of any body corporate, with intent thereby to injure or defraud his majesty or any of his majesty's subjects, or any body corporate, that then and in every such case the person or persons so offending, their counsellors, aiders and abettors, knowing of and privy to such offence, shall be and are de- (i) See a form in 2 Starkie, 558. † See provisions post in cases where the woman was not quick with child, and unlawfully, did cut with intent in so doing, that is to say, in so shooting at and cutting the said J. M., and by means thereof, feloniously, wilfully and of their malice aforethought to murder him the said J. M., then and there being such subject as aforesaid, against the form, &c. and against Second the peace,* &c. And the jurors, &c. that the said J. M., &c. on, &c. with force and arms, at, &c. with a certain pis[*790] tol loaded with gunpowder, and divers, to wit, six leaden count. Third count. Fourth count. slugs, feloniously, wilfully, maliciously and unlawfully, did shoot at the said J. M., then and there being such subject as aforesaid, &c. [as in the first count.] with intent in so doing, that is to say, in so shooting at and cutting the said J. M., and by means thereof to maim and disable him the said J. M. then and there being such subject as aforesaid, against the form of the statute, &c. and against the peace, &c. The like with intent in so doing, to wit, in so shooting at and cutting the said J. M., and by means thereof to do some grievous bodily harm to him the said J. M., then and there being such subject as aforesaid, against the form, &c. And the jurors, &c. that the said J. M., H. M. and T. M. on the said eighteenth day of April, in the fifty second year aforesaid, with force and arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously and unlawfully, did shoot at the said J. M. then and there being such subject as aforesaid, and in the peace, &c. then and there being, with intent in so doing, and by means thereof then and there feloniously, wilfully and of their malice aforethought to murder him the said J. M., then and there being such subject as aforesaid, against the form of the statute, &c. and against the peace, &c. The like with intent in so doing, and by means thereof, to maim and disable him the said J. M. then and there being such subject as aforesaid, against the form, &c. The like with intent in so doing and by means thereof to do some grievous bodily harm to him the said J. M., then and there Seventh being such subject as aforesaid, against the form, &c. And the jurors, &c. that the said J. M., H. M. and T. M., on, &c. with force and arms, at, &c. with divers sharp and offensive weapons, to wit, with a certain sword, and a certain hedging-hook, feloniously, wilfully, maliciously and unlawfully, did cut the said J. M., then and there being, such subject as aforesaid, and in the peace, &c. then and there being, with intent in so doing, and by means thereof then and there feloniously, wilfully and of their malice aforethought, to murder him the said J. M., then and there being such subject as aforesaid, against the form, &c. The like with intent in so doing, and by means thereof, to maim and disable him the said J. M., then and there being such subject as aforesaid, Fifth count. Sixth count. count. Eighth count. against the form, &c. The like with intent in so doing, and Ninth by means thereof, to do some grievous bodily harm to him count. the said J. M., then and there being such subject as aforesaid, against the form, &c. And the jurors, &c. that the Tenth said J. M., &c afterwards, to wit, on, &e. with force and count, arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, [*791] maliciously and unlawfully, and knowingly did shoot at the said J. M., the said J. M. then and there being in his own dwelling house, situate and being at, &c. against the form of the statute, &c. and against the peace, &c. And the ju- Eleventh rors, &c. that the said J. M., &c. afterwards, to wit, on, &c. count. with force and arms, at, &c. with a certain pistol loaded with gundowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously and unlawfully, did shoot at the said J. M., against the form, &c. That J. S. late of, &c. W. G. late of, &c. and J. L. late of, For shoot&c. being evil designing and disorderly persons, and of wicked ing at the and malicious minds and dispositions, and not regarding the for in a (k) This indictment is taken from Cro. C. A. 20. See the indictment in Latin against Arnold, the year after the act was passed, for shooting at Lord Onslow, 8 Harg. St. Tr. 289. The indictment in the Coalheaver's case, stating that all shot jointly, which was held good, 1 Leach, 64. And see other precedents, Cro. C. A. 474. Cro. C. C. 84, 267. Starkie 400, 1. Offence. Among the provisions of 9 Geo. I. c. 22. it is enacted, that if any person shall wilfully and maliciously shoot at any person in any dwelling-house or other place, he shall be guilty of felony without benefit of clergy. And any one who shall forcibly rescue another, lawfully in the custody of any officer or other person, for any of the offences there enumerated, or shall by gift or promise of money or other reward, procure any of his majesty's subjects to join him in any of them, is made guilty in the same degree. To bring an offender within this provision, it is not necessary that he should be disguised, &c. for the words relating to deer stealers, in the former part of the section, "persons armed, &c. and having their faces blacked or otherwise disguised," have no reference to the subsequent clauses. 8 Harg. St. Tr. dwelling house, viz. 313. But to make a shooting cap- against ital within this act, there must be the person such a malice either express or im- who shot, plied, as in case the party had been and two killed would have constituted mur- others for der; and no shooting by accident aiding and or self defence, or in such passion abetting, as would reduce the killing to man- &c. on 9 slaughter, will render a party thus Geo. I. c. highly criminal, 1 Leach, 417. And 22. (k) though it is not necessary that any evil consequences should ensue, yet First the shooting must be with a gun so count stat loaded as to be dangerous, and it ing an asmust be levelled at the party whom sault by it was intended to injure. So that all the if the firing take place in the dark, parties, although it was designed to reach an that J. S. individual, if directed to a quarter shot, and different from that in which he was at two others the time the prisoner must be acquit- aided, &c. ted. 1 East P. C. 413. All present, in a dwelaiding and abetting a malicious ling house. shooting, which comes within the act are principals. And they may all be indicted for shooting, though some of them had no fire arms, and will be convicted, though the party who actually shot, is uncertain, 1 Leach, 64; for it is said that as the act creates a new felony and does not take away clergy from any offence in which it was formerly allowed, the crime must necessarily possess all the incidents of felony at common |