Aggravation

That which increases the enormity of a crime or the injury of a wrong. One of the rules respecting variances is, that cumulative allegations, or such as merely operate in aggravation, are immaterial, provided that sufficient is proved to estabfied on the record. This rule runs tl the whole criminal law: that it is ibly enough to prove so much of I ment as shows that the defendant mitted a substantive crime therein - •2 Campb.*583; -I B. & <'. 329; C< i i. v. more, 4 day i Mass.) 18; 1 Bish. Cr. I Thus, on an Indictment for murder the prisoner may lie convicted of manslaughter, for the averment of malice aforethoughl Is ly matter of aggravation; Co. Litt. 282a. The introduction of matter into the d ration which tends to increase the amount of damages, hut does not affect the right of action itself. Steph. PI. 257; Gould, PL 42; 12 Mod. 597. An example of this Is found in the case where a plaintiff declares in' trespass for entering his house, and breaking his close, and tossing his goods about; try of the house is the principal ground and foundation of the action, and the rest is only stated by way of aggravation; 3 Wils. 294; Hathaway v. Rice, ID Vt. 107; and this matter need not be proved by the plaintiff or answered by the defendant. See Alia Enormia.

Any circumstance at-tendfug the commission of a crime or tort which increases its guilt or enormity or adds to its Injurious consequences, but which is above and beyond the essentiui constituents of the crime or tort itself. Matter of aggravation, correctly understood, does not consist m acts of the same kind and description as those constituting the gist of the action, but in something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. Hathaway v. Rice, 19 Vt. 107.

In pleading. The introduction of matter into the declaration which tends to increase the amount of damages, but does not affect the right of action itself. Steph. PI. 257; 12 Mod. 507.

A making worse; a enormous; in pleading, matter

Any circumstance attending the commission of a crime or tort which increases its guilf or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. Matter of aggravation, correctly under- “stood, does not consist in acts of the same tind and ceseription as those constituting the pist of the action, but in something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. 19 Vt. 107.

In pleading. The introduction of matter into the declaration which tends to increase the amount of damages, but does not affect the right of action itself. Steph. Pl. 257; 12 Mod. 597.

! Whatever adds to e weight of an act — in its consequences or lilt. Opposed, mitigation. Something done by the defendant, on e occasion of committing the trespass, hicli to some extent is of a different gal character from the principal act comained of. As, where a plaintiff declares in trespass for enter- ^ his dwelling-house, and alleges in addition that e defendant also destroyed goods in the house and saulted the domestics. ^ See Damages, Special. Aggravated. Increased, in severity or lormity: as, aggravated assault and batry, which is a more seriqus offense than mple assault and battery, q. v.

Matters of aggravation are those which are inserted in the declaration to increase the damages, but not affecting the right of action.

in pleading, is the introduction of matter in the declaration which only tends to increase the amount of damages, and does not concern the right of action itself. Steph. Pl. 257; 12 Mod. 697. An example of which is found in the case where a plaintiff declares in trespass for entering his house, and breaking his close, and tossing his goods about, the entry of the house is the principal ground and foundation of the action, and the rest is only stated by way of ageravation, 3 Wils. R. 294; and this matter need not be proved by the plaintiff or answered by the defendant.