The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1857-08-08
The Penal code Review ed.
No. '.

arc principals who are guilty Of acting
together 10 the commission of an offence"
Inc scope and meaning OF this enactment
are ascortaned and Eyed by tho sub,equen,
special provisions on the same subject. !,
Is a well settled tulo o: construction tha,
the enumeration OF particulars, under
general rule, excludes from lts operation
every ding not specified - that is. that the
inclusion ol one thug is the exclusion OF
another aot mentioned This rule Of con
s,fucuou $ not artificial or arbitrary, for IL
IL founded IN reason aud common sense
he Code has announced this rule 10 ,ae.e
words Ia the construction Of TAI.
Code, each general provision shall be con.
irolled by special provision on the same
subject, i there be conflict" Il Nj, be
admitted. that a coaillct may arise as
well from modification OF enlargement OF
general provision, rs from o contradictory
enactment The result Is, that to deteT,
niue who scsiains tho relation OF priucs
pal, To given offence, resort must be had
TO the special enactmeuis ON the subject
The FIRST special provision q. substantially
this When an offence is actually com,
mttcd by one person, and another is pres
cut aud knowing hls unlawful intent, aids
him by acts, OF encourages him by words.
or gestures, Or, aot being present, keeps
watch go us to prevent his interruption,
the one thus aiding, encouraging OF keeps
INK watch, Is II piinclpel II VIII he OBJ
served, that N al. cases provided Tor N
ln. enactment. the person. declared to be
principals must nave. III the un5 OF fheif
participation an tae uriHWitl aet kuowl'
edge OF The Illegal iuieaton OF the actual
one'der' AID having hi' knowledge o.
course by aiding, enc'urag'ng' or protects
ing him IN iAe commission 81 the act, they
Show that They po,sess The same Hnla"ia
intent, ana are moved 10y ". fu'y are
hpth ac'u'lta ~ the same "iehee purpose
ana afl tos iutt ~ executing II, 'dentiN
oi motive, aud union OF acUoh, pHi them
ON the same footing, end make then equal
~ guAiy, and 'Arv shoa'a be eqna. pun'
ished- lh'' provision oil ihe 'oa' COM
tins principle OF our former ia" which
WIS wei understood 10 II Application rs
rule Of decision ana u'ih'rs - gained ny
Us reenHctmeni except thFl II Ia b" found
In ohe more book 10 'hr '"'m S"a shF. o.
ara in'ieHab.e rue.
The secaal provision Is 'b- al pef>
sous who ,bs engage 30 procnfHg AID.
AIMS. ot means of auy kline. Co assist Boz the
commission OF any offence. Ulle others
.-s e,acutue the uuAwMl ari. aad 81,
OIL ,r.oua WAC calesynr, ~ thr time of ,h"
,mm. ..up 81 the offence. 10 So, are the
al.t, or couc,simru, oi tuv az .Hd'rs, afe
principals, and ai,Y b, convicted and puu'
sAed IS such d" THIS t1actmen' IS surely
unsupported by nuuriy.r or r'ps'o, aud i
cnuput he Justified hy either rdar ''s
operation. a msn whosg heart was never
under the Influence of malice or wicked
impulse, ma, be- convicted OF murder, and
made to suH'r the penalty Of death The
motive, intention aud des'gn, which prompt
the person who may furnish aid. arms &c.
10 the prineiphl o'teadcf are excluded EN-
indy. and are not permitted 10 be consid'
erred IN deciding the question OF guilt or
Innocence, or the degree Of The offence,
Every candid mind will admit that motive
aud dos tn. Ne At lht foundation "l The
question OF guilt, 90 all cases OF hom
cdr. and that ~ such cases, taey are
indispensable e.emeu's OF guilt Shall