Nor are we to
take the possibility of a cure into consideration, any more than we do
the possibility of extinguishing a fire. But where the law does not
prescribe the punishment of death irrespectively of the possibility of
recovery, the punishment would rarely exceed ten years in the House of
Correction. We must understand Tittmann's remarks, however, to refer
entirely to the law of Saxony,--that being the government under which he
lived, and the only one in whose criminal code this crime is recognized.
Feuerbach wished to have this murder of the soul inserted in the
criminal code of Bavaria as a punishable crime; but he was unsuccessful,
and the whole doctrine has subsequently been condemned. Mittermaier, in
a note to his edition of Feuerbach's "Text-Book of German Criminal Law,"
denies that there is any foundation for the distinction taken by him and
Tittmann. He says, that, in the first place, it has not such an actual
existence as is capable of proof; and, secondly, all crimes under it
can easily be reached by some other law.
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