Severe assault, endangering life, but not actually taking it, is placed under the same head with homicide, as approaching to it, but is not to be punished in the same way. If death ensues in such a case, the crime is, of course, murder or manslaughter, according to the attendant circumstances; but if death does not ensue, it is aggravated assault only. In such cases punishment could not be inflicted by retaliation — the usual penalty under the Mosaic Law (Exodus 21:24) — without a risk of killing the man, which would have been an excessive punishment. The law therefore imposed a fine, which was to be fixed at such an amount as would at once compensate the sufferer for the loss of his time (Exodus 21:19), and defray the cost of his cure.

Continues after advertising
Continues after advertising