28 Aug 1804

Evidence

Note

Circumstantial

Ch.2. Explanations

Note

(a) There is even a class of offences, and that a most extensive /comprehensive/ one, in the case of which, - no act of a physical nature - no motion - enters into the composition of the offence. These are /I speak of/ negative offences: class so extensive /comprehensive/ as to spread over the whole field of penal law. No /no/ positive species of delinquency - no positive species pernicious agency, that has not its correspondent negative offence.

See [...?] where this is shown at large. In many instances, where /Offences are not wanting, in which though/ the mischievous result is in ordinary cases the effect of some physical act of a positive nature (for example witness homicide) yet the same effect is in some circumstances liable to ensue from a mere negative course of action. For example in the case of an infant on the part of the mother or the nurse, the omission to administer food - or the omission of any of the services necessary to the continuance of life. So in the case of a prisoner, like omissions on the part of the Jailor.