Page images

have been committed on the same day; as by alleging each uttering to have taken place on the 14th day of Feb. in the year 1801. Martin's case, East. P. C. Addenda, 18. for though when the day is not material, the fact may be proved on a day different from that laid, yet, where it is not indifferent, the time must be proved as laid. In an indictment against one who has before been convicted as a common utterer, it is not necessary to allege that the court adjudged him to be a common utterer, since that is a mere conclusion of law, and it is sufficient if the court adjudge him to suffer the punishment inflicted by law, Michael's case, East. P. C. Addenda, 19.

P. 713. If the inhabitants of a parish plead, that several included townships are bound by prescription to repair the highways within them, and that part of the highway in question is within one of those townships, and the residue within the other, the plea must specify how much lies within the one, and how much within the other. R. v. Bridekirk, 11 East, 304.




plea in, 293.
on what founded, ib.
1. on defect apparent on the record, ib.

opportunity allowed the defendant to take excep-

tions, ib.
what defects pleadable, 294.
what defect must be pleaded, ib.
in indictments for treason, ib.
little advantage to be derived from a plea of this

nature, ib.
2. on defect not apparent on the record, ib.

misnomer, ib.
may be pleaded by attorney, ib.
ought to be tendered in writing, ib. and should

be verified by affidavit.
misnomer of either christian or surname plead-

able, 295.
but the defendant must disclose his real name, ib.
replication to such plea, ib.
in case of an appeal, ib.
omission of title of peer, ib.
how tried, ib.

in case of peeress by marriage, ib.
defendant pleading in abatement to an indictment for fe-

lony, should plead over to the felony, ib.
but in case of misdemeanor, &c. he is concluded by his

plea in abatement, 295, 6.
practice as to the trial of a plea of this kind, 296.
foreign pleas, how tried at common law, ib.
under the stat. 22 H. 8. c. 14. 28 H. 8. c. I. 32 H. 8.

C. 3. these do not extend to an indictment for treason, ib.
pendency of a first indictment not pleadable to a second, ib.

usual course in such case, ib.
Form of plea in abatement,

for want of an addition, 705.
that there is no such parish as that named, ib.


county; trial, 4, 7, 12.

st. 33 H. 8. c. 23. does not extend to accessories, 12.
Accessory before the fact,

how charged in the indictment, 129, 130.
when indicted before the conviction of the principal, 130.
when indicted after the conviction, ib.
when a person in one county procures the commission of a

felony in another, ib.
accessory to one of several principals how to be charged, 131.
defendant indicted as accessory to two, may be convicted

on evidence that he was accessory to one, ib.
how to be charged in case of murder, ib.
indictment against accessory for receipt of felon, must aver

the felonious situation of the principal, 156.
and the guilty knowledge of the accessory, ib.
in indictment against an accessory, the guilt of the princi-

pal must be averred, ib.
how averred when they are indicted together, 156, 7.
when the accessory is indicted after the conviction of the

principal, 157.
when the offence is committed in another county, ib.
indictment against an accessory under 2 and 3 E. 6. c. 24.

need not conclude against the form of the stat, ib.
accessory may be arraigned, but not tried, before the ap-

pearance of the principal, 290.
formerly, where the attainder of the principal was prevented,

the accessory could not be arraigned, 290.
in what cases the accessory may be proceeded against as

upon an attainder of the principal, under stat. i Ann.

sess. 2. c. 9. 8. 1. ib.
indictments against, 456.
accessory may enter into full defence of his principal, 291.
accessories before the fact, to a murder, ousted of clergy

by stat. 4 and 5 P. & M. c. 4. 377.
ACQUITTAL, see tit. Auterfoits acquit...

at common law, 42, 43.
statute of additions, 1 H. 5. c. 5. enactments of, 44.,
estate or degree, construction of the words, 45. .
degree, ib.
dignity, 45, 46.
office, 45.
what are sufficient additions, 45, 46.
name and addition of a female, 46.
form of the description, ib.
with an alias dictus, 47.

when addition ought to be repeated, 47.
when further description is necessary, ib.
defect as to the addition of one will not vitiate the indict-

ment as to the rest, ib.
mystery, addition of, ib.
towe, hamlet, or place, 48.
plea that there is no such town, ib.
form of description, ib.
sufficient to describe the defendant of such a place, 49.
addition of county, ib..
wife's addition, ib.
defective addition, how to be taken advantage of, ib.
when plea will operate as an estoppel, ib.

plea, in abatement, for want of. See Abatement, Misnomer.

how charged, 76.
when immaterial whether defendant be charged as a prin-

cipal in the first degree or as an aider and abettor, 76, 77.
when ousted of clergy, 77, 78, 79.
clergy, when aider and abettor ousted of, without express

words, 80.
how aider and abettor should be described, 81, 82.
whether the legislature in framing the stabbing act con-

templated aiders and abettors, 80, n.
abetment, how specially described, 82.
aider and abettor may be found guilty though the princi-

pal is acquitted, 77.

holding of, 456.

stat. 32 G. 2. c. 25. s. 20.

statutes of amendment do not extend to criminal cases, 244,

but see 253.
indictments cappot in general be amended because found

on oath, 244.
but in some instances have been amended, ib. .
even after verdict, ib.
former practice where indictment wanted amendment, 245.
present practice, ib.
of coroners' inquisition, ib.
of formal misprisions in joining issue, &c. ib.
of a venire, 246.
of nisi prius roll, ib.
discontinuance not amendable, 247.

judgment amendable during the term, &c. ib.
Caption of indictment,

amendable after the term in which brought in, 247, 8, 9.
Atkinson's case, 248, 9. 250, 1.

of coroner's inquisition, 251.
criminal information, 252.
amendable at any time before trial, ib.
and after judgment, as to mere clerical misprision, amend-

able at cornmon law, ib.
and semble, by virtue of the stat. 8 H. 6. c. 12.
operation of the stat. 8 H. 6. c. 12.
amendment of pleas, &c. 255.
amendable even in case of felony, ib.
verdict, whether amendable, ib.
judgment, not amendable after it has been matter of record,

255, 6.
Walcott's case, 255.

description of, in an indictment, 182.
animals feræ naturæ, ib.
heifer, indictment for stealing, under st. 181.
greyhound, description of, in indictment, ib.

fish, description of, 182.

See Indictment.

indictment for not receiving must shew a binding within

the stat. 43 Eliz, 151.
indictment against for a fraudulent enlistment, 474.
stat. 53 G.3. c. 17. 8. 90. 447.

indentures, how to be proved, 475.

what, 287.
when defendant is put to plead immediately, ib.
when entitled to an imparlance, ib.
must be committed or find bail, ib.
in the case of mayhem may plead in the office, 288.
whether defendant to be arraigned in irons, 287, 8.
required to hold up his hand, 289.
this not essential, ib.
entry of the arraignment on the record, ib.
may be arraigned on two indictments at the same time,

289, 290.
the arraignment was in English whilst the indictment was

in Latin, 289.
Arraignment of an accessory,
accessory might be proceeded against at common law after

the attainder of the principal, 290.
of one who is accessory to several, 290, 291.
may be arraigned and tried though one only has appeared,


[ocr errors][ocr errors][merged small][merged small]
« PreviousContinue »