said parish and county aforesaid, esquire, on the tenth day of May, in the tenth year of the reign of our sovereign lord George the Third, by the grace of God of the United Kingdom of Great Britain and Ireland king, defender of the Faith, contriving and intending one Richard Roe then and yet being a subject of our said lord the king, to maim and disfigure, at the parish of Chelmsford aforesaid, in the county of Essex aforesaid, with force and arms, in and upon the said Richard Roe, in the peace of God and our said lord the king, then and there being, on purpose, and on (or of their) malice aforethought,2 and by lying in wait unlawfully and feloniously3 did make an assault, and the said John Doe with a certain iron bill of the value of one penny, which he the said John Doe in his right hand then and there had and held, the nose of the said Richard Roe on purpose, and of his malice aforethought, and by lying in wait, then and there unlawfully and feloniously did slit, with intention, the said Richard Roe in so doing, in manner aforesaid, to maim and disfigure,1 and that the aforesaid John Fen, at the time the aforesaid felony by the said John Doe, in manner and form aforesaid, was done and committed, to wit, on the said day and year aforesaid, at the place aforesaid, with force and arms, on purpose, and of his malice aforethought, and by lying in wait unlawfully and feloniously was present, knowing of and privy to the said felony," aiding and abetting the said John Doe in the felony aforesaid, in manner and form aforesaid done and committed. And so the jurors aforesaid, upon their oath aforesaid, do say that the said John Doe and John Fen, on the said day and year aforesaid, at the place aforesaid, with force and arms, on purpose, and of their malice aforethought, 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 of our said lord the king, his crown and dignity, and against the form of the statute in such case made and provided. only an aggravated trespass. Macau- 1. Intent. The words "to maim and disfigure" are here absolutely 2. "On Purpose," etc. "On purpose and of their malice aforethought" are material words. I East P. C. 402. 3. Feloniously. The offense must be charged to have been committed "feloniously." The rule applies even to indictments for common-law mayhems, punishable in the olden times by appeal of mayhem, or member for member. Hawkins P. C., bk. 2, c. 23, § 18. 4. Description of Means. The same precision is required as in indictments for murder. Hawkins P. C., bk. 2, c. 23, $79. 5. "Knowing of and privy to" the said felony are the words of the particular statute (22 & 23 Car. II, c. I). 6. A conclusion, as here, must be drawn just as in an indictment for murder. I East P. C. 402. Form No. 13627. (Ala. Crim. Code (1896), § 4923, No. 62.)1 (Commencing as in Form No. 10680, and continuing down to *) Richard Roe unlawfully, maliciously, and intentionally cut out or disabled the tongue of John Doe (or put out or destroyed an eye of John Doe) against the peace (concluding as in Form No. 10680). Form No. 13628. (Precedent in State v. Absence, 4 Port. (Ala.) 397.)a The State of Alabama, Dallas County - Circuit Court, Spring Term, 1836. The grand jurors for the county aforesaid, upon their oaths present, that Wiley Mosely, late of the county aforesaid, on the twentyfirst day of March, A. D. eighteen hundred and thirty-six, with force. and arms, at to wit, in the county aforesaid, in and upon one William E. Weaver, in the peace of the State then and there being, the right ear of him, the said William E. Weaver, then and there on purpose, and of his malice aforethought, unlawfully did bite off. And the jurors aforesaid, upon their oaths aforesaid, do further present, that Elijah Absence, late of the county aforesaid, in the county aforesaid, with force and arms, on the day and year aforesaid, unlawfully and on purpose, and of his malice aforethought, was present, aiding and abetting and assisting the said Wiley Mosely, the said mayhem to do and commit; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Alabama. [(Signature and indorsements as in Form No. 10680.)]3 Form No. 13629. (Precedent in Tully v. People, 67 N. Y. 15.)* [(Commencing as in Form No. 10710, and continuing down to *)]3 in and upon one Walter Westlake, in the peace of God and of the people of the State, then and there being, willfully and feloniously and with premeditated design, did make an assault, and that the said Owen Tully, with the teeth of him, the thumb of him, the said Walter Westlake, then and there willfully and feloniously and from premeditated design, did cut, bite, slit and destroy on purpose, with intent then and there and thereby, in manner aforesaid, the said Walter Westlake then and there to maim and disfigure, against the form of the statute in such case made and provided [(concluding as in Form No. 10710). ]3 1. Alabama. — Crim. Code (1896), § [ ] will not be found in the reported 5095. case. 4. This indictment was held sufficient without averring the manner in which defendant's premeditated design was evinced, and although the word "destroy" was used in place of the statutory words "cut off or disable." See, generally, supra, note 1, p. 66. Form No. 13630. (Precedent in State v. McBirnie, Add. (Pa.) 28.)1 [(Commencing as in Form No. 10716, and continuing down to *)]2 intending to maim [and disfigure]2 Adam Cotter, of malice aforethought, and by lying in wait,3 unlawfully and feloniously did make an assault on the said Adam Cotter, and him did beat, wound, and ill treat, and of malice aforethought, and by lying in wait, did gouge and bruise his right eye, and bite off his nose, with intent to disfigure him, against the statute [(concluding as in Form No. 10716). ]2 b. Simple Mayhem.* Form No. 13631. (Precedent in State v. Akin, 94 Iowa 52.)5 [(Commencing as in Form No. 10693, and continuing down to *) in and upon the person of J. H. Scales did make and commit an assault and battery and did]2 break and mutilate the nose, mouth, and lips of the said J. H. Scales, and the said Paul C. Akin did then and there make the said assault in and upon the person of the said J. H. Scales with the intent him, the said J. H. Scales, willfully, wickedly, unlawfully and feloniously to maim and disfigure, [contrary to the form (concluding as in Form No. 10693). ]2 Form No. 13632. (Bullitt's Crim. Code Ky. (1895), p. 150, No. 11.)6 (Commencing as in Form No. 10695) of the crime of maim, committed as follows, viz.: The said John Smith, on the tenth day of July, 1888, in the county aforesaid, did unlawfully and feloniously bite off the ear of John Parker, against the peace and dignity (concluding as in Form No. 10695). Form No. 13633. (Precedent in State v. Ormond, 1 Dev. & B. L. (18 N. Car.) 119.)" [(Caption as in Form No. 10711.)]2 The jurors for the state, upon their oaths present, that William 1. Under this indictment defendant was found guilty of an assault but not of the intent to maim. See, generally, supra, note 1, p. 66. 2. The matter enclosed by and to be supplied within [] will not be found in the reported case. 3. Lying in Wait. - An indictment based on the first clause of the Pennsylvania statute against mayhem (Pepp. & L. Dig. (1894), p. 1269, § 444) must allege lying in wait,' or it is defective. When based on the second clause, it must contain the words "voluntarily, maliciously and of purpose." Respublica v. Reiker, 3 Yeates (Pa.) 282. 4. Precedent. - In State v. Girkin, I Ired. L. (23 N. Car.) 121, the indict un ment charged that the defendant " lawfully and on purpose, did bite off the left ear of one James Watson, in the peace of the State then and there being, with intent to disfigure the said James Watson, contrary to the form of the statute," etc. 5. In the case from which the precedent is taken the words used were "assault with intent to maim and disfigure," but the description following was of the completed crime of mayhem under Iowa Code (1897), § 4752. See, generally, supra, note I, p. 66. 6. Kentucky. Carroll's Stat. (1899), § 1165. See, generally, supra, note 1, p. 66. 7. See, generally, supra, note 1, p. 66. Ormond, late of the county of Green, on the first day of January, one thousand eight hundred and thirty-four, with force and arms, at and in the county aforesaid, unlawfully [and on purpose]1 did bite off the ear of one Charles Joiner, at and in the county aforesaid, with intent him, the said Charles Joiner, to maim and disfigure, contrary to the act of the General Assembly in such case made and provided, to his great damage, and to the evil example of all others in like cases offending, and against the peace and dignity of the state; and the jurors aforesaid, upon their oaths aforesaid, do further present, that William Ormond afterwards, to wit, on the day and year aforesaid, with force and arms an assault did make upon one Charles Joiner, in the peace of God and the state then and there being, and him the said Charles Joiner then and there did beat, wound and ill-treat, and other wrongs then and there did to the said Charles Joiner, to his great damage, and against the peace and dignity of the state. [(Signature and indorsements as in Form No. 10711.)]2 2. Cutting Private Parts. a. Castrating. Form No. 13634. (Precedent in Worley v. State, 11 Humph. (Tenn.) 172.)3 [(Caption as in Form No. 10720.)]2 The Grand Jurors, for the State of Tennessee, elected, empannelled, sworn and charged to enquire for the body of the county of Giles, aforesaid, upon their oath aforesaid, present that Gabriel Worley of said county, yeoman, on the first day of June, in the year of our Lord one thousand eight hundred and forty-eight, with force and arms in the county of Giles, aforesaid, in and upon one certain negro man slave named Josiah, in the peace of God, and of the State, then and there being, feloniously, unlawfully, maliciously and of his malice aforethought, did make an assault and with a certain razor of the value of twenty-five cents, which he the said Gabriel Worley in his right hand, then and there, had and held, then and there feloniously, unlawfully, maliciously, and of his malice aforethought, did strike, cut off, and disable the organs of generation of him the said slave Josiah, thereby, then and there, by the cutting, and striking with the razor aforesaid, in manner and form aforesaid, the said slave Josiah was maimed and disabled to the great damage of him the said slave Josiah, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the State. And the Grand Jurors aforesaid, upon their oath aforesaid, do further present that the said 1. On Purpose. The words on purpose,' part of the language of the statute, are inserted to meet the defect pointed out in the precedent. 2. The matter to be supplied within [] will not be found in the reported case. 3. This indictment sufficiently charges an offense under Tenn. Code (1896), $ 6447, and in this case a judgment of conviction was affirmed. 66. See, generally, supra, note I, P. Gabriel Worley afterwards, to wit: on the said first day of June, in the year of our Lord one thousand eight hundred and forty-eight, with force and arms in the county of Giles aforesaid, in and upon a certain other negro man slave named Josiah, in the peace of God, and of the State, then and there being, feloniously, unlawfully, maliciously and of his malice aforethought did make an assault, with a certain sharp instrument, then and there feloniously, unlawfully, maliciously and of his malice aforethought, did strike, cut off and disable a part of the organs of generation of him the said last mentioned slave Josiah, thereby, then and there maiming and disabling him the said last mentioned slave Josiah, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. And the Grand Jurors aforesaid, upon their oath aforesaid, do further present that the said Gabriel Worley afterwards, to wit: on the first day of June, in the year of our Lord one thousand eight hundred and forty-eight, with force and arms in the county of Giles aforesaid, in and upon a certain other negro man slave named Josiah, in the peace of God, and of the State then and there being, feloniously, unlawfully and maliciously, and of his malice aforethought did make an assault, and with a certain sharp instrument, then and there feloniously, unlawfully and maliciously, and of his malice aforethought did strike. cut and castrate him the said last mentioned slave Josiah, thereby, then and there maiming him the said last mentioned slave Josiah, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. [(Signature and indorsements as in Form No. 10721.)]1 b. Of Female. Form No. 13635. (Precedent in Kitchens v. State, 80 Ga. 810.) 3 [(Commencing as in Form No. 10689.)]1 For that the said Thomas J.Kitchens, on the 30th day of May, in the year 1887, in the county aforesaid, did then and there, unlawfully and with force and arms, wilfully and maliciously injure, wound and disfigure the private parts of one Janie Toler, the said Janie Toler then and there being a female, with intention then and there to disfigure said private parts by then and there with a certain knife cutting said private parts, [contrary to the laws of (concluding as in Form No. 10689).]1 |
