§ 467. Of Assault. Battery. Mayhem. Crimes against the persons of individuals are those crimes, by which the rights of personal security and personal liberty are violated. They are principally the following: Assault; Battery; Mayhem; False Imprisonment; and Kidnapping. An Assault is a manifestation, by acts, of a present purpose to do unlawful physical violence to another. Battery is the actual doing of unlawful physical violence to another. These crimes involve the same acts as the private wrongs, which are called by the same names. (Mayhem is the doing of such physical violence to the person of another, as to render him less able, in fighting, to defend himself or annoy his enemy. To put out the eye, to cut off the hand or foot or any part thereof, to break a bone in the hand, to crush the mouth or head, to pull out the tongue, to break the fore-teeth, to castrate a man, to burn or sear a limb so as to wither and weaken it, are mayhems. But to cut off the nose or ears, or destroy the back-teeth, are not mayhems. Read 4 Bl. Comm., pp. 205-208, 216, 217. 3 Chitty C. L., pp. 784-787. 1 Russ. Cr., pp. 719, 720, 750-759. 2 Arch. Cr. Pr., pp. 11-17, 39–76. 2 Whart. C. L., §§ 1171-1175, 1241-1295. 1 Bish. C. L., §§ 259, 260, 470, 548. 2 Bish. C. L., §§ 22-62, 70-72, 1001-1008. § 468. Of False Imprisonment. Kidnapping. False Imprisonment is the unlawful detention of the person of another. It involves the same acts as the tort which is known by the same name. (Kidnapping is the unlawful removal of a person from his own state or country, against his will. Actual force is not necessary; if the removal be accomplished by threats, it is sufficient. Nor is resistance, on the part of the person kidnapped, necessary; the carrying away of a child too young to consent, or of any person while in a state of insensibility and unable to resist, or whose resistance is overcome by menaces, constitutes the crime.) Read 4 Bl. Comm., pp. 218, 219. 2 Arch. Cr. Pr., pp. 91-94, 133–140. 2 Whart. C. L., §§ 1202–1213. 2 Bish. C. L., §§ 26, 56, 746-756. § 469. Of Forgery. Crimes against the property of individuals are those crimes, by which the right of private property is violated. The principal crimes of this class are: Forgery; Counterfeiting; Malicious Mischief; and Piracy. Forgery is the false and fraudulent making or alteration of any writing, which, on its face, imports a legal obligation. Any form of instrument, by which one person can become legally obligated to another, is a writing subject to forgery. Any alteration of such an instrument, in any particular whereby its legal effect is varied, is a sufficient alteration to constitute a forgery. Such alteration is false when made by any person having no lawful right so to do; and is fraudulent when made with intent that the false instrument shall be used or received as valid. The crime is completed by the making or alteration of the instrument with intent to defraud, although no one may be in fact defrauded. Counterfeiting is the making of false coin in the similitude of the genuine. The coin need not be uttered or used as money, but it must be so far finished as to be capable of such use. It must be base or spurious, and its resemblance to the genuine must be so close, as to be likely to deceive a person using ordinary caution. Read 4 Bl. Comm., pp. 247–250. 3 Chitty C. L., pp. 1022-1044. 2 Russ. Cr., pp. 318-408. 2 Arch. Cr. Pr., pp. 797–881, 909–916. 2 Whart. C. L., §§ 1418-1510. 1 Bish. C. L., §§ 479, 572, 584, 585, 650, 734, 748, 769. 2 Bish. C. L., §§ 158, 274-300, 521-612. 3 Greenleaf Ev., §§ 102–113. § 470. Of Malicious Mischief. Malicious Mischief is the wilful and malicious injury or destruction of the property of another. It was anciently held that real as well as personal property was subject to this crime, and in some modern cases the same doctrine has been declared. The current of judicial opinion, however, favors its confinement to personal property. The injury done must be serious, and must be prompted by actual ill-will or resentment against the owner of the property injured. Read 4 Bl. Comm., pp. 243–247. 2 Arch. Cr. Pr., pp. 708, 709. 2 Whart. C. L., §§ 2001-2012 c. § 471. Of Piracy. Piracy consists in the doing, on the high seas, of any act of robbery or depredation, which, if done upon the land, would be a felony. The high seas are the uninclosed waters of the ocean, outside of the general line of the coast. Tide-waters, flowing in harbors or basins that are enclosed between headlands, are not high seas. But the mouth of a river a mile and a half wide, or a roadstead open to the sea and not land-locked, is the high sea. In this country, the crime is chiefly, if not altogether, a statutory one, and the description of its limits and characteristics is to be sought in the Acts of Congress. Read 4 Bl. Comm., pp. 71–73. 3 Chitty C. L., pp. 1127-1130. § 472. Of Attempts. An Attempt consists in the intent to commit a crime, combined with the doing of some act adapted to, but falling short of, its actual commission. An attempt always includes a specific intent, without which the act done would either be no crime, or a different crime from that attempted. This intent, therefore, must be both alleged and proved. The act done must be, in its nature, adapted to accomplish the crime intended. It is not necessary that the intended crime should have been actually possible to the one attempting, provided it were apparently so; for if it were evidently, in its own nature, impossible, the intent to commit it could not legally exist. Thus it has been held that a boy under fourteen cannot intend to commit rape, or a forger intend to defraud a person or corporation which does not exist; while, on the other hand, it has been decided that there may be an attempt to pick a pocket, though the pocket contains nothing, or an attempt to kill, although the intended victim is not within actual reach of the weapon. The intent must subsist during the entire commission of the act, for only such a part thereof is an attempt as proceeds from the intent to commit the crime. Read 2 Arch. Cr. Pr., pp. 29–32. 2 Whart. C. L., §§ 2686-2712. 1 Bish. C. L., §§ 204-206, 237, 434, 435, 540, 604, 675, 723-772. 2 B. & H. L. C. C., pp. 474-483. 3 Greenleaf Ev., § 2. § 473. Of Solicitations. A Solicitation is the inciting or persuading of another to commit a felony or other serious crime. The solicitation is complete, though the person solicited refuse. Read 2 Whart. C. L., § 2691. 1 Bish. C. L., §§ 501, 767, 768. |