10 May 1808

I. Reasons

Ch.I

§.3. Certainty

In the instances of several groupes of offences, so variable or so faint are the lines of separation by which the offences in the same group are distinguished from one another, that although after the evidence has been delivered, there will be no doubt that one or other of them has been committed, yet, till the evidence has been thoroughly sifted and considered, and even after all the consideration that can be given of it, it may still be doubtful which.

Instances of these groupes are

1. {Murder and Manslaughter

2[?]. So again[?] among wrongs affecting person, Disablement, Disfigurement and Mutilation: distinctions natural in themselves but unknown to lawyers' language.

3. {In the popular deportment of the language} Theft, Fraudulent obtainment and Embezzlement.

4[?]. {again} Destruction and Deterioration[?] both of them as applied to things moveable or unmoveable, considered as the subject-matters of property.

4. Instead of both, Blackstone employs malicious mischief: an improper term since malice is not a necessary accompaniment of the production of either of those pernicious effects.

5. {In the popular deportment again} Extortion and Robbery.