Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-07-13
To Me Editors Of tie Enquirer:

To ,he Editors Of tie Enquirer
Gentltmen-In article from the pen OF Judge Robert
SON published in YOU. paper U. th is laid down
law That acquitted Of an assault win intent 10 HI
nuo be convicted OF murder. The Judges language Is
Can man BE- lawfully acquitted Of striking with lnen
to KILL: and afterwards be convicted OF murder ~ the MS
irgrcr7 Now this il is only necessary 10 say
that 10 murder in the first degree, or what Is s
same thing wtul deliberate, and malicious murder I'M
.TEsr.os TO kill il an essential Ingredient II H some time
since had occasion to give particular attention 10 Tue c
ina aw-ycry seldom since ls36-cut as the law ther
stood should not suppose there cou have neen DOUBT
that acquit,a of striking with intent 10 XIII was an &c
outlncc wiu and deliberate murder, charged 10 nave
proceeded from The same blow"
Win due Difference to the learned Judge submit that he
is clearly wrong In the OF person charged with nav
n2 committed murder by striking another, the intention 10
Kill SO far from being IAN essential ingredient" has nothing
10 do with The and is entirely Irrelevant.
The statute in force in 1886 declared mat Gil murde
which shall have been reTp"l-a,et u Tcans OF poison OF
~ lying i'll wait ny daess oi Imprisonment OF cohne
ncnt or By starving, ty Malicious uui ana erceSsirt
hippng, betting other cruel torture or by any ohe
kind o wliu deliberate prencdaied killing, &c snail
hencefurh be d. cnirI ml:der in The first degree
1t is sometimes supposed that the last clause quaites
those preceding it, and that The various Kinds OF Killing spe
Gifted IN the al be wiisu deliberate or pismei
tatcd. This 10 be Judges Nobcrtsons opinion 1t
ha been repeatedly repuhiaed by and not as
mon who kills by malicious, wliiu and excessive "hi
png bcaiEg guilty ri murder IN The fifst tc@rtc even
.uugh he had intention 10 kill. In support OF THIS
opinion, will refer YOU 10 The opinions 81 me ,:herh
Court several The references must necessarily DC
br'"i.
In Jones' case Leigh GIL, Judge Daniel says: "Po;son
NAV reach the lie Of more, not wlia Tue Gc5Sa Of
hl IS 10 lays the bait; lying in wait may be with vie" to
great injury a5nse and bodily harm without the settled pu!-
pose to kill; Imprisonment confinement starving, ma!
with view seincc the victim 10 the necessity OF
Viz, Ling 10 p.opused conditions, well punish
Tor failure Of prompt obedience, ~thoat any CIT
tain aud Fixed determination destroy life; and the same
NAV be said OF malicious excessive whipping beating OF
ulilc. cruel torture In ali these enumerated cases the c
.is!are h. ccrcd the law that The perpctrator shall LS
Held guilty. of murder the first degree uHont ftrtt'
rc0f that ne death the ultimate result nhich the 'r
Gei5-r1io9 ard generalization Of the party accused sought
in Ii's case, GratIaa. SOS, lie Court say, "wiho'
gEn.; into ;isiustoE Epon TIE terms OF '
creating Tie distraction Of 'n:'d"! IN Tie st "'
second degree we shall ourselves with the reasoning
ii the General Court III Jones ease, Leigh oS' ana a''
it," 30
In NJ Whr's and F:rcuson's cases G:at'an, og'
Judge Lonnx delivering Tho opinion OF me CouIt says
where upon sudden p.or6cann onc oca's announcer III
cruel and unusual manner dies though le dd MOI
intend his DEATH e he is guilty of murder 81 express ma
lice"
Ia :scu,acr's case IN Gra;t1n Gel the decided
orta Is "ihc killing Of sl1Te by is muster ard G"ne
py wIiu anj excessive whipping murder IN the rt De
gree though Il may not hare been The PURPOSE and insn
lion Of the master and ocncr 10 Kill the STARE" Judge Leigh
disscntcG.
II these onians and decisions settle the law, may
be properly convicted in Virginia OF murder III the first dc
gee been acquitted of assault with intent Ia
Kill and i, is reasonable lila, Il shord BE- Ever" man
sionh be responsible for the consequences .: Illegal acts,
wfe:Gr consequences designed or not II IL were
not ST. rCn committed murder under the influence q!
drink wnud clear hcc1gSr hey We're blind
Ell 81 HER irv hy tina; they could PEE
ard ircssc The death Ut Their victim. Judge II"
6ayfsnn is CT 4 different cginun and iDriihes himself by Il
reference "cvefy genlrnIn NJ tic profession 10 hon h.
hal put the question Error from respectable source
dnuhlv ni-rhicyoIs and requires correction far
A MEMBER OF THE BAR