This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836 Excerpt: ... of 1818, c. 124, even other 8,1, which declared, that if any person should commit an as latingtoihe sau1 uPon another, and rob, such robber being armed with a fecTareto dangerous weapon, with an intent to kill or maim, and shall be be taken in duly convicted thereof, shall suffer death, &c. tfokthe was contended, there must be an absolute intent to kill or construe maim, whether the robbery could be accomplished without killtionof i u, . '- r nal statute llng or maiming or not. Per Cur. In this, as in all other statutes, if there be any ambiguity of expression, the meaning and intent of the legislature must be sought for in the statute itself: if from a consideration of other parts of it, it is capable of explanation, and from other statutes relating to the same subject, if it be necessary to resort to any thing extrinsic in order to obtain an explanation. If a statute creating or increasing a penalty, be capable of two constructions, undoubtedly that construction which operates in faTor of life or liberty, is to be adopted; but it is not justifiable in this, any more than in any other case, to imagine ambiguities, merely that a lenient construction may be adopted. If such were the privilege of a court, it would be easy to obstruct the public will in almost every statute enacted; for it rarely happens that one is so precise and exact in its terms, as to preclude the exercise of ingenuity in raising doubts about its construction. The intention to kill or maim is the distinctive characteristic of the offence, rendered capital by the clause of the statute under consideration. The intention must be satisfactorily proved to the jury, who will form their verdict from all the actions and declarations of the party making the assault with a weapon capable o..