Hamesucken definition

Hamesucken





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Hamesecken \Hame"seck`en\ (h[=a]m"s[e^]k`'n), Hamesucken
  \Hame"suck`en\ (-s[u^]k`'n), n. [AS. h[=a]ms[=o]cn. See {Home},
     and {Seek}.] (Scots Law)
     The felonious seeking and invasion of a person in his
     dwelling house. --Bouvier.
     [1913 Webster]



From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  HAMESUCKEN, Scotch law. The crime of hamesucken consists in "the felonious 
  seeking and invasion of a person in his dwelling house." 1 Hume, 312; 
  Burnett, 86; Alison's Princ. of the Cr. Law of Scotl. 199. 
       2. The mere breaking into a house, without personal violence, does not 
  constitute the offence, nor does the violence without an entry with intent 
  to, commit an assault. It is the combination of both which completes the 
  crime. 1. It is necessary that the invasion of the house should have 
  proceeded from forethought malice; but it is sufficient, if, from any 
  illegal motive, the violence has been meditated, although it may not have 
  proceeded from the desire of wreaking personal revenge, properly so called. 
  2. The place where the assault was committed must have been the proper 
  dwelling house of the party injured, and not a place of business, visit, or 
  occasional residence. 3. the offence maybe committed equally in the day as 
  in the night, and not only by effraction of the building by actual force but 
  by an entry obtained by fraud, with the intention of inflicting personal 
  violence, followed by its perpetration. 4. But unless the injury to the 
  person be of a grievous and material, character, it is not hamesucken, 
  though the other requisites to the crime have occurred. When this is the 
  case, it is immaterial whether the violence be done lucri causƒ, or from 
  personal spite. 5. The punishment of hamesucken in aggravated cases of 
  injury, is death in cases of inferior atrocity, an arbitrary punishment. 
  Alison's Pr. of Cr. Law of Scotl. ch. 6; Ersk. Pr. L. Scotl. 4, 9, 23. This 
  term wag formerly used in England instead of the now modern term burglary. 4 
  Bl. Com. 223. 
  
  

















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