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232 ([ebruary i os REPORT .OF THE. CAPITAL PUNISHMENT COMMISSION, the law. be desoribed:in a very few words, 7 the Funda trv. Ss reoogised 8 SEs importonoe end th practical recommendations are four fs number, I shall confine hserrations to one only—that suggests thy fequainlance ‘will understand me ra subject will be trpon aseb of vagruede Sie el ta nate cast mol ere dy been. prescribed. patel in predecessors imo by seecessive generations of judges and text-wsi- stance, at an uncertain ti fers. Thustheyresent statoof things mown parsoa introduced into the Jins at last boon produced by the ‘word mae Shon the whore tuat “the Theoret “detnition ot murder ie Erned opon® vague Tuy pecula, pce. intoduoed ne ong, nga at Sntailed. hoo, why, by whom, ria what Ja tproontmont cf genye AN’ thal ena’ be id of thot atte mop, unless” fri, fiat cand tat tao wasdored erent fiom ben was an Euglahan, fo hoa No dich of whom endeavoured, rules whieh ¢! same state of ability od never. presontod iteal? to tho mind of the man wl nally Inid down the vale. pert of the I in luedutng i no of murder, the ingen: subsequent go hak thie gad atone wae exited in ve thoughbaf trying to adapt it to new sul of 2 stoie,of fhets never was eltcumnsianoes 88 infore thems, fit ad been brought consequence of ! before them’ Having arrived at a this ! conolusion, which again was always ‘sles. past solving the pr predecessors weal peeulias apeoies, not of homicide, Tat of aurder, thoso statutes plainly imply that in some kinds of Emnlar malice aforethought was ‘absent. ‘The next stop’ in the law of murder is Lovd Coke's ant of it. He defines marder js: ‘Murder is when a man of and memory, and of the ago of surder; that is, for the diseretion, unlawfully killoth, within, yas lien the anyeountry ofthe realm, ny reason- ging murderers able crentare "under jelor is made the King’s ponco, “with malice forethought, ethor exprossed by the ‘party or implied by ‘the law, so ‘he party Wounded or lnrb, & + pression also occurs in an early die of the wound or Imrt,, de, af porton (13, Rich, Thy a year and a day after the ‘in, which murders same," He goeson to explain what, fee aforethonght” are malice means, and says: * Malice exempted from the lisb of orimos prepensed is when one compasseth fnchided in the pardon. ‘The ex- to hull, wound, ox kurt pression occurs also in a statute, does it sedado anino. 25 Hemy VIL c 13, by which inlawto be malice forethought pro- il murder pensed.” Ho then adds, that malice part of #) Fleta, repeats Zotong of justice or expediency, ey destred teat conclusion $5 bo'lue law of dhe lad Tins all ofeximes~and expecially peer to show fully how aud iy it th atisfuetony.” mughty’ appears in a form given for murder and theft is 90 unsatisfuotor mach, ly at the bottom moro unsatisfactory tywould bemade ofthe two grest departments of the if their proposed alterations wore criminal lave, offences agains the Denevessary to give person and offences against p iail an acoount of the law Perty—areexcosingly complicated of murder and of ager hese garegaten ‘composed of the remarks of diffe ent people on a subjeot whieh tho whooriginally wroteupon it were by ‘no means competent to handle pro- erly, and whick those who renter ability ta its eonsiderati 4 later time were not able to handle frealy, because the limits within 1 killing of a man by a sifies as follows:— a Bw zany ot Tonite Er wont FEMI naaice prepanse” wore de- te implied bythe ln Sh three eases. | rey an Tae, Sem De ert Lc Fees ee ee fe dot. Ae i ne hil moter | Fea oan ceed. Saal, without ony provocation the law Lay at eee ae eee Imploth mse’ Se" poseng S Gvbich, he adds, may be done four ib, contact, and livers poisons, as ‘powder of diamonds, the powder ‘This is of spiders, &o, dc.) implies malice, flown tbat mura 0: Witt Ctr (mute), 236 Eeport of the Copitat respect of the person fon of he law impli respect of ios to 0b B. B, and A. kills him, ‘This is murde rmalice implied, al suw or knew bist tie of pac, ang, or otherwise, sy colour of inder, for thi fal ingensity alton gether passed away and was lovesight of in the interval bx ss yuare root of premeditati Armeaning might no doabt he ‘0 tho expression, e subject in arathor different ner, and by doing so intro nto tho lowra considerable modifica. tion, which atl forms a part of Fe distinguishes murder and. a fer as Coko distingn ‘and falling out ‘nto express and