from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
TO PERSUADE, PERSUADING. To persuade is to induce to act: persuading is
inducing others to act. Inst. 4, 6, 23; Dig. 11, 3, 1, 5.
2. In 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, &c. by persuading others to enlist for that purpose, &c.,
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. 1 Dall. R. 39; Carr. Crim. L 237; 4 Car. & Payne, 369 S. C. 1 9
E. C L. R. 425; 9 Car. & P. 79; and article Administering; vide 2 Lord Raym.
889. It may be fairly argued, however, that the attempt to persuade without
success would be a misdemeanor. 1 Russ. on Cr. 44.
3. In England it has been decided, that to incite and procure a person
to commit suicide, is not a crime for which the party could be tried. 9 C. &
P. 79; 38 E. C. L. R. 42; M. C. C. 356. Vide Attempt; Solicitation.