Mayhem

In Criminal Law. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able, in fighting, either to defend himself or annoy his adversary.

8 C. & P. 167.

See Com. v. Newell, 7 Mass. 247. “Malheming ia when one member of the commonweale shall take from another member of the same, a naturall member of bis bodie, or the use and benefit thereof, and thereby disable him to serve the commonweale by his weapons in the time of warre, or by his labour in the time of peace, and also dlminisbeth the strength of his bodie, and weaken him thereby to get his owne living, and by that means the commonweale is in a sort deprived of the use of one of her members.”

Pulton, De Pace Begia, 1609, fol. 16, t 68.

One may not innocently malm himself, and where he procures another to malm him, both are guilty; Co. Litt 127 a; People v. Clough, 17 Wend. (N. Y.) 351, 81 Am. Dec. 303. The cutting or disabling or weakening,a man’s hand or finger, or striking out bis eye or foretooth, or depriving him of thoae parts the loss of which abates his courage, are held to be mayhems; Chick v. State, 7 not held to be mayhems at common law; 4 Bla. Com. 2X)5; but see State r.

Abram, 10 Ala. 028.

The Injury must be permanent; State V. Briley, 8 Port. (Ala.) 472; State v. Harrison, 80 La. Ann. 1329; and If inflicted on an assailant in self-defence, it is not mayhem; Hayden v. State, 4 Blackf. (Ind.) 546. These and other severe personal injuries are punished by the Coventry Act, which is common law and also has been re-enacted In most of the states; 1 Hawk. P. C., Curw. ed.

107, § 1; Ryan, Med. Jur., Phil. ed. 191; and by act of congress. See Act of April 30, 1790, 8. 13; Act of March 3, 1825, s. 22; Rev. Stat. § 1342, art.

58 (when committed by a soldier In time of war, etc.); State v. Abram, 10 Ala. 928; Adams v. Barrett, 6 Ga. 404; Com. v. Newell, 7 Mass. 245; State V. Glrkln, 23 N. C. 121; Scott v. Com., 6 S. & R. (Pa.) 224; Com. v. Lester, 2 Va. Cas. 198; People v. Wright, 93 Cal. 564, 29 Pac. 240. Mayhem was not an offence at common law in Massachusetts, but only an aggravated trespass; Com. v. Newell, 7 Mass. 248; but at the early common law it was a felony punishable by the loss of member for member, a punishment disused later; see id.; 1 Mc Cl. Cr. L. § 432. Maim as used in the statutes is not equivalent to mayhem but to mutilate; Mc Cl. Cr. L. § 432. See Physical Examination. As to loss of a member in accident insurance, see Loss.