Persuade

PERSUADING.

Tq persuade is to induce to act. Persuading is inducing others to act Inst 4.

6. 23; Dig. 11. 3. 1. 5.

I*n the act of the legislature which declared that “if any person or persons knowingly and willingly shall aid or assist any enemies at open war with this state, etc., by persuading others to enlist for that purpose, etc., he shall be adjudged guilty of high treason,” the word persuading thus used means to succeed; and there must be an actual enlistment of the person persuaded in order to bring the defendant within the intention of the clause; Iiespublica v. Roberts, 1 Dali. (U. S.) 39, 1 L. Ed. 27; 4 C. & P. 369; 9 id.

79.

The attempt to persuade a servant to steal his master's goods, or other person to undertake a larceny or other crime, is an indictable misdemeanor, although the person approached declines the persuasion; 1 Bish. Cr. L. § 767. If one counsels another to suicide, and it is done in his presence, the adviser is as guilty as the principal. Accordingly, where two persons, agreeing to commit suicide together, employ means which take effect on one only, the survivor is a principal in the murder of the other; 8 C. & P. 418; 1 Bish. Cr. L. § 652; Whart. Cr. L. § 448.