Respublica v. Reiker
Supreme Court of Pennsylvania
Maihem. The indictment stated, that Christopher Reiker, late of, &c. on the day of &c. contriving and intending one David Hill to maim and disfigure, at township, in Westmoreland county aforesaid, with force and arms, &c. in and upon the said D. H. in the peace of God and of this commonwealth, then and there being, on purpose and of his malice aforethought, unlawfully and feloniously did make an assault, and the said C. R. with both his hands, the right eye of him the said…
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Maihem. The indictment stated, that Christopher Reiker, late of, &c. on the day of &c. contriving and intending one David Hill to maim and disfigure, at township, in Westmoreland county aforesaid, with force and arms, &c. in and upon the said D. H. in the peace of God and of this commonwealth, then and there being, on purpose and of his malice aforethought, unlawfully and feloniously did make an assault, and the said C. R. with both his hands, the right eye of him the said D. H. on purpose, and of his malice aforethought, then and there, unlawfully and feloniously did gouge and put out, with…
1Opinion of the Court
The court having heard four witnesses on the part of the prosecution, observed, that this indictment was framed on the Coventry act of 22 and 23 Car. 2, c. 1, except that very material words, lying in wait, (Cro. Arc. Comp. 268,) were omitted herein, which the evidence here would not warrant. Our act of assembly for the better preventing of crimes, passed 22d April 1794, (3 Dall. St. Laws, 601,) § 6, has defined the offences of maiming, in two independent clauses ; the first pursues the words of the British statute, with the insertion of the words “ on purpose;” the second, “whosoever shall…
2Cited by1 opinion
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