Rodney’s Notes
1840.
1. Treason, which by the Constitution of this State consists only in levying war against the State, or in adhering to the enemies of the government, giving them aid and comfort.
2. Petit treason is where a servant kills his master or mistress, or a woman her husband.
3. Homicide, which signifies the slaying of a man, is distinguished into voluntary and casual. Voluntary homicide is that which is done with deliberation and a set purpose to kill, which is murder. Casual homicide is when the death of a man happens by chance without any previous intention to kill, and is either manslaughter or chance-medley. Murder is strictly and properly the wilful and felonious killing of another through malice aforethought, either express in fact or implied in law. Express malice is where there is a previous purpose to do some personal injury to the party slain, the evidence of which must arise from external circumstances as lying in wait, former grudges, or concerted schemes to do some bodily harm. Implied malice is where any person in the execution of an unlawful action happens to kill a man. Manslaughter is the unlawful killing of a man without any preconcerted malice, as where two persons meet, and, falling out, one kills the other. It is done in present heat and on a sudden quarrel, and differs from murder only in this that it is not done with malice aforethought. Chance-medley is when a man is doing a lawful act without intention of hurt to another, and the death of some person does by chance ensue.
[4.] Stabbing — when one person stabs or thrusts another, not having a weapon drawn or not having first stricken the party which shall so stab or thrust, so as the person stabbed shall die within six months after, although no malice aforethought can be proved, yet the offender on conviction is to suffer as in murder. [1] Del. Laws 68. [5.] Mayhem is where any person shall unlawfully and with malice cut out or disable the tongue, put out the eye, etc. The persons so offending, their counsellors, aiders etc. are by law declared felons without clergy, or to be punished capitally. [1] Del. Laws 68.[6.] Sodomy, buggery, or bestiality.
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[7.] Rape is the unlawful carnal knowledge had of the body of a woman by force and against her will, or without force if under the age of ten years. 1 Hawk.P.C. [307]. [8.] Robbery is the assaulting another on or near the highways, putting him in fear, and taking from him money or goods to any value whatever. [1] Del. Laws 68. [9.] Burglary is the breaking and entering into the dwelling-house of another in the night-time, with an intention to kill some person, or to commit some other felony within the same house, whether it be committed or not. [1 Del. Laws] 68. [10.] Arson is the maliciously burning of the dwelling-house, barn, stable, or outhouse of another. [1 Del. Laws] 69. [11.] Forgery is the fraudulently making or altering of a writing to the prejudice of another man’s right At common law, 1 Hawk.P.C. 182. [12.] Perjury is a crime committed when a lawful oath is administered in judicial proceedings to a person, who swears wilfully, absolutely, and falsely in a matter material to the issue or point in question. 1 Hawk.P.C. 171, 1 Hawk.P.C. 177, [1] Del. Laws 75. [13.] Subornation of perjury is the offense of procuring another corruptly to take such false oath as would amount to perjury in him who actually takes such oath. 4 Bl.Comm. 137. [14.] Bribery is an offense against public justice, and consists in the receiving or offering undue reward by or to any person concerned in the administration of public justice, to influence him against the known rules of law, honesty, or integrity, or giving or taking a reward for offices of a public nature. He who accepts and he who offers the bribe are both liable to punishment. 4 Bl.Comm. 139, 1 Hawk.P.C. 168. [15.] Embracery is likewise an offense against public justice. Any attempt to corrupt, influence, instruct or in any way incline a jury to the one side more than the other by money, promises, threats or persuasions, except by evidence and the arguments of counsel in open court is an act of embracery whether the jurors give any verdict or not, or when given [it] be true or false. [16.] Larceny or theft is the felonious taking or carrying away the personal goods of another, and is denominated grand or petit larceny according to the value of the goods stolen.Page 237
[17.] Plundering vessels in distress, etc. [2] Del. Laws 834. [18.] Forging, counterfeiting or altering any note of the Bank of North America or any check or order of the Bank of Delaware. [2] Del. Laws 773, 1238, s. 8. [19.] Riots, [1] Del. Laws 119. [20.] Libels, 1 Hawk.P.C. 193. [21.] Extortion, 1 Hawk.P.C. 170, 4 Bl.Comm. 141. [22.] Assault, 4 Bl.Comm. 133, 134. [23.] Battery, 1 Hawk.P.C. 134, Esp.N.P. 312. [24.] Common Nuisance. Nuisance. Overseers indicted. [25.] Horse-racing, 3 Del. Laws 230. [26.] Disturbing religious meetings etc. 3 Del. Laws 230. [27.] Voting at the general election not being legally qualified, 3 Del. Laws 253. [28.] Duelling, [1] Del. Laws [240]. [29.] Stealing of free negroes or kidnapping. Horse stealing and slave stealing, 4 Bl.Comm. 150. [30.] Receiving or buying stolen goods knowing the same to be stolen. [31.] Keeping tippling houses without license.All other offenses of a public evil example are indictable, [such as] obstructing highways, women concealing [their bastard children].