Definition of HAMESUCKEN


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; Alisons 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
caus, or from personal spite. 5. The punishment of hamesucken in
aggravated cases of injury, is death in cases of inferior atrocity, an
arbitrary punishment. Alisons 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.


Source: Bouviers Law Dictionary 1856 Edition

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