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.