Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-08-13

In the absence OF any statute in this
Stale expressly making an attempt to
commit suicide a punishable offence, it
is therefore difficult to discover any
satisfactory ground upon which the
sentence in this case can rest: for it
would appear to be q palpahle solecism
iii tho law to declare that mere at
tempt TO commit an act which is not
penal. is itself punishable.
1t is suggested, however. that mas
much as suicide was a species of fell
CRY" ly the common law CT England,
ana an attempt to commit suicide was
there held to be miSdemcunor. 1t he
came Incorporated in the common law
law Of NaS53 ChuSCttS AS a substantive
offence and in this State is infect to
the provisions OF Section / of Chapter
1876, II. s.. above quoted. declaring that
"Whcn no punishment is provided by
statute, person convicted of an Of
fence shall bc Imprisoned less than one
wear. a.: Il fine etc
AN attclrpt." saws Mr. Bishop. rs an
intent To- do 4 particular thing which the
Inv. citIlcr common or statutory. has az
Clar'd tone Il crime. coupled with an act
towards tho doing Of it, ! Bish. CO. l..
Sec. -; Will" = substantive offence is
ono depending on itself alone ana not on
another offcnc" to be fret established Ivy
the conviction Of the person who directly
committed It." | Fish. &. l.. Sec. G9G. 1t
is not claimed that the attempt to cont
rnit suicide WAS eyer made 4 SuhstantiV"
offence by any ac. IF the British Par
lament ana there is no suggestion iii
the brief oral uttoranccs Of the judges iii
the English cases cited that tho miSdc
lncanor of which the defendant was i'll
each instance there convicted was other
than the ordinary attempt t" commit =
punishable felony; il is not suggested
that it %aS II substantive offenC" by the
law cf England. If til" accomplished act
of suicide had not there been n punish
able crime, IT," attempt to commit the
act could not have been held To he
puniShahlc misdcmCanor. For i has been
scon that an attempt involves an "in-
tent to do a particular thing which the
~. declares; to he Il crime, and tn ,
word 'rri,n.'' or "uff.nCc'' as ordinarily
usod in legislative cnactm"nts. Ivy text
writer's on criminal law and III the rrac-
teal administration or 1t by the courts
uniformly signifies a pubic wrong which
subjects inc FFIp'li'lt't - So p''i'''"
mont. Standard Dict; | BiSh. CT. L. p
IN accordance with this view is the state
mcnt of Mr.. Bishop. as above shown
that suicide is mot practically an o.
fence with us" But an 2ttcmpt to com
nit IN act which is rot 'praCtcaily q
crime is not itself ''practcally crlnI-
nal because not punishable. In Massa-
,lueotts forfcitrrcs were abolished by
the ''FoIv Of Liberties Of 1911. tn" stat
ute providing for an icnomini"us burial
of the suicide fc! into disusc at the clos"
I Of that century and the Colony ACT OF
/ 1870 was repealed in 1872. Thus the COM
\ mon law Of England upon TINS subject
was modified in Massachusetts, and sui
4 eide ceased to be punishable offence
I The ground work for the English doc
trino that an attempt to commit it was
a nisdcmoanor was thus removed. If it
was n misdeneanor by the common law
Of England, il ceased to he such under
the laws of massachusetts and it has
never been recognized as a part Of the
common law Of Maine. Reason is the
sou Of the law" SAYS Lord Coke, and
when the reason charges the law also
CHANGES" coke, :. Although there
] have been attempts ~ cpl'itIlll SlHclCe III
great numbers in the history Of both
Massachusetts and Maine. in no instance.
which thiss court has been able to dscov-
or. has StAnre been a conviction of such
an attempt before any court prior to the
case at bar.
\ In com. \. Dennis. 1o5 Mass, 1872 it was
distinctly held that IAN attempt to com
nit suicide was rot an ind:ctabe offence
in that commonwealth; but the decision
rests uron the construction of their stat
utes which. however. are in substance
and effect precisely like cur own. In the
opinion the court says: "In this com
ntonwealth the whole matter of punish
rnents for all attempts to commit an Of
fence prohibited by law, where no ex-
press provision is otherwise made, has
been subject to revision by statute" AZ
ter stating TIE provision Of tho statute
IN ter,as like Sc. 2, Chap. -. of OH
statutes ahcve quoted. the court add: