Licence: Public Domain Mark
Credit: Medical jurisprudence / by Alfred Swaine Taylor. Source: Wellcome Collection.
Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.
18/968 (page 4)
![sold by druggists under the name of quietness powders, and the evidence established that women gave these pow ders to their husbands with a view to cure them of habits of drunkenness. Hitherto, when the intent to murder w;ls not proved, the offender has escaped, although great bodily injury may have been done by his wanton or malicious act. To supply this omission, an Act has been passed (23 Vict. c. 8, March 2.3, 18G0), of which the provisions are here subjoined. It enacts:— 1. That whosoever shall unlawfully and maliciously a^Jmi- nister to, or cause to be administered to or taken by any otlier person, any poison or other destructive or noxious thing so as thereby to endanger the life of such person, or so as thereby to inflict upon such person an}' grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable to be sentenced to penal servitude for any period not exceeding ten years and not less than three years, or to imprisonment for any term not mo7-e than three years, with or without hard labour, at the discretion of the Court. 2. Whosoever shall unlawfullv and maliciously administer to, or cause to be administered to or taken by any other person, any poison or other destructive or noxious thing with intent to injure, aggrieve, or annoy such person, shall be guilty of a juisdemeanor, and being convicted thereof shall be liable to be sentenced to imprisonment for any period not exceeding three years, with or without hard labour, at the discretion of the Court, and the costs and expenses of the prosecution of any such misdemeanor may be allowed by the Court as in ca.-es of felony. 3. If, u|)ou the trial of any person charged with the felony above luenlioned, the jury shall not be satisfied that such person is guilty thereof, hut shall be satisfied that he is guilty of the misdemeanor above nientioned, then and in every such ca.'sc the jury may actpiit the accused of such felony, and find him guilty of such misdemeanor, and thereupon the delinquent shall be liable to be |)uiiished in the same manner as ii convicted upon an indictment for the misdemeanor. It will be perceived that the words of (he statutes leave the question what is a poison lo depend upon the medical evi- dence adduced. It must, however, he proved that the subsl.-ince is either a poison or a noxious or destniolive thing. In a trial which took place at the I'.ssex I.eni .Vssizes. 18.50 (R/n. v. Hiii/iriiiil). a woman w;is charged with administering tr/ntr prc- ci/iildlf to her husliaud with intent to kill. Slio was aoquiited on the ground that there was no evidence to .show (hat -wbite precipitate was eilher a poison or a destructive thing. It is, however, placed beyond iloutit that (his substance is not only capable of luoilueiiig all the elfeets of an irritant ]ioison, but of (leslroving human life; hence, this acquittal was based on a {lure mistake. While hclUborc, Lobelia inflata, and Oil oj'tur-](https://iiif.wellcomecollection.org/image/b21935221_0018.jp2/full/800%2C/0/default.jpg)
