TENOR, T. technical import of the word, 242. the letter must be set out, 133. construction of, ib. valuable thing, construction of, 566. comprehends a bank note, ib. TIME AND PLACE, averments of, 50. place, averment of, how far substantial, ib. how far formal, ib. Time, indictment must set forth the day and year, ib. with what certainty, 51. offence laid to have been committed between two speci- fied days, ib. if different offences be so laid, indictment defective, 52. allegation of time, when unnecessary, 53. in case of mere non-feasance, ib. offence committed at several times, how alleged, ib. in case of murder, 54, 5. same nicety not observed in cases of misdemeanor, 54. when a mere repetition is insufficient, 55. when the time for prosecution is limited, how averred, ib. offence laid on an impossible day, 56. until, construction of as applied to time, ib. when time must be proved as alleged, 57. TRADE, exporting implements, 652. offences relating to, ib. indictments for, ib. preparing to go abroad, 653. See Index to Indictments, tit. Trade. TRANSITORY fact may be proved though done in another county, 23. indictments for being at large before term is expired, 618, See Index to Precedents, tit. Transportation. different statutes relating to the offence, 618, 19, 20. terms of art, description of, 69, 70. indictment for, where to be laid, 20. need not set out the letters, the writing or sending of which is relied on as the overt act, 115. treason cominitted beyond the realm, 18, 19. 35 H. 8. c. 2. construction of, ib. Scotchmen, when triable for treason committed beyond the levying war, when to be proved within the county, 20. against a woman, 344. in case of treason relating to the coin, ih. TREES, malicious cutting down, 551. stat. 6 G. 3. c. 36. ib. 6 G, 3. c. 48. 552. distinction between these two stats. ib. TRIAL, time of. in what cases the defendant must try the same term, 287. when party appears at sessions according to his recogni- See County. TURNPIKES, destruction of, 560. venue, 12. stat. 13 G. 3. c. 84. s. 42. 561. V. VARIANCES, See Surplusage. when fatal, 241. omission to prove a particular averment, when fatal, ib. from matter of inducement, 242. from description of that which is to be proved by a written what variances between two indictments may be reconciled in proof of ownership in general fatal, 194. VENUE, at common law, 1, 2, 3. 20, &c. in case of conspiracy, 26. procurer of misdemeanor, ib. action of scan. mag. ib. selling coals, &c. under 3 G. 2. c. 26. s. 4. 26, 7. where defendant bound to repair of bridge in one county, in case of usury, ib. jurors, in case of misdemeanors, might inquire of facts in in case of misprision, ib. where statute directs offence to be tried where committed, 9. offence must be laid within the true county, ib. offence committed beyond the realm, must be laid ac- offence, where to be laid in particular cases at common law, 20. in case of treason, ib. where the offence is committed in a second county by in case of threatening letter sent into second county, 21, 2. procures poison to be delivered, or an house to be burnt jurors, when they may inquire at common law of an act doue in a foreign county, 22, 23. when the act is transitory, ib. embezzlement by clerk, where to be laid, 23, 4. See County. VERDICT, in a capital case to be returned in the presence of the pri- soner, 323. otherwise in the case of a misdemeanor, ib. formerly, jury once charged and sworn could not be dis- but it is now decided that they may, 38, and see Appendix different kinds of verdicts, 324. general verdict upon the whole of the charge, 324, 5. sufficient if any one count be valid, 324. but otherwise in civil cases, 325. guilty as to part, ib. every indictment divisible, ib. and the defendant may be convicted of part, and be ac- but if the defendant be charged with a contract, it must be defendant charged with the more special, may be convicted Appendix Note to p. 326. may be convicted of larciny though charged with burglary, or with stealing from the person, 326. of manslaughter, though charged with murder, ib. of petit larciny, though charged with grand larciny, ib. this rule not allowed to operate to the disadvantage of the limitation of this rule, 39. 327. charge of felony cannot be modified into a misdemeanor, two indictments, one for felony the other for a misdemea- nor receive judgment for a trespass, 328. upon an indictment for murder the defendant cannot be but upon an indictment for petit treason he may be found general qualities and requisites of a verdict in case of a par the verdict should embrace the whole charge, ib. when the facts are specially found the verdict will be suffi- form of the verdict in case of a partial acquittal, 330. proper form of eutering the verdict in such case, 331, 2. may be found guilty of offences differing in degree, 332. riot, ib. conspiracies, ib. accessories, 332, 3. burglary, 333. special finding of facts, ib. province of jury confined to facts, ib. in matters of law to follow the direction of the court, ib. special verdict, 334. may be given in criminal as well as in civil cases, ib. in what cases of homicide a general verdict of acquittal may matters essential to a special verdict, ib. should find facts, ib. may find transitory facts though proved to have been done but cannot find that which is essential to the offence to what variances between the indictment and verdict will be sufficient though precise and technical words be not used, 335. in case of insufficient verdict a new venire facias may special verdict, whether amendable, ib. material facts must be found in the county in which the courts are confined to the facts found, ib. and defects cannot be supplied by intendment, 336, 7. altered by stat. 32 G. 3. c. 60. 338. a conclusion against law may be rejected, 338. |