of: See 1 G. 1. st. 2. c. 25. s. 6. Forging the handwriting of the treasurer of the ordnance, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 45. s. 9. Forging the handwriting of the receiver general of the post office, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 83. s. 9. 47 G. 3. sess. 2. c. 59. s. 3. Forging the handwriting of the receiver general of the stamp duties, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 76. s. 9. Forging the handwriting of the agent general of volunteers and local militia, &c. to any draft, &c. on the bank, felony, death. 54 G. 3. c. 151. s. 16. Forging the handwriting of the surveyor general of woods and forests, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 142. s. 14. Forging the mark or handwriting of the receiver general of the prefines upon any writ of covenant, felony, death. 52 G. 3. c. 143. s. 5. Forging any contracts, certificates, receipts, &c. relating to the redemption of the land tax, felony, death. 52 G. 3. c. 143. s. 6.

5. As to officers in the navy and army: Forging any letter of attorney, order, assignment, last will, &c., in order to receive pay or prize money due to any officer or seaman, or any marine officer or marine, felony, death. 57 G. 3. c. 127. s. 4. Forging any letter of attorney, order, last will, &c., in order to receive money due on account of any outpension granted by Greenwich hospital, felony, death. 54 G. 3. c. 110. s. 6. Forging bills, &c. drawn by officers of the navy for their half pay, felony, death. 56 G. 3. c. 101. s. 4. Forging the signature of the parish minister, to the certificate to obtain probate of a seaman's will, or administration to him, felony, transportation. 55 G. 3. c. 60. s. 31. Forging the name of any officer of the navy, entitled to allowances on the compassionate list, or of any marine officer entitled to half pay, to any remittance bill, certificate, voucher, or receipt in relation to the same, felony, transportation. 49 G. 3. c. 45. s. 11. Forging the name of any officer's widow to any remittance bill, certificate, voucher, or receipt, respecting her pension, felony, transportation. 45 G. 3. c. 35. s. 10.

6. As to public companies, &c.: Forging a bond of the East India or South Sea Company, felony, death. 12 G. 1. c. 32. s. 9. 94. c. 21. s. 57. Forging a receipt or warrant of the South Sea Company for subscriptions, felony, death. 6 G. 1. c. 11. s. 50. As to forging the stock of these and other corporate bodies, See 4 G. 3. c. 24. ante, p. 207.

7. As to public trade: Forging Mediterranean passes, felony, death. 4 G. 2. c. 18. s. 1. Forging a shipping licence, penalty 5001. 47 G. 3. sess. 2. c. 66. s. 26. Forging quarantine certificates, felony, death. 46 G. 3. c. 98. s. 8. Forging certificates, &c. mentioned in the act for the abolition of the slave

trade, felony, death. 47 G. 3. sess. 1. c. 36. s. 12. Forging the assay marks on gold and silver plate, transportation for 14 years. 13 G. 3. c. 59. s. 2. 38 G. 3. c. 69. s. 7. and see 24 G. 3. sess. 2. c. 53. s. 16.

All these statutes, with a very few exceptions, make the uttering these forged instruments, respectively, knowing them to be forged, equally penal with forging them.

210

CHAPTER II.

Offences against the persons of individuals.

SECT. 1. Murder.

2. Manslaughter.

3. Assault, battery, &c.

4. False imprisonment.

5. Child stealing.

6. Rape.

7. Sodomy.

SECT. 1

Murder.

Indictment for murder, by stabbing.

Middlesex to wit: The jurors for our lord the King, upon their oath present, that J. S., late of the parish of B., in the county of M., labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one J. N., in the peace of God and our said lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said J. S., with a certain knife, of the value of sixpence, which he the said J. S. in his right hand then and there had and held, the said J. N., in and upon the left side of the belly, between the short ribs of him the said J. N., then and there feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving to the said J. N. then and there, with the knife aforesaid, in and upon the said left side of the belly, between the short ribs of him the said J. N. one mortal wound, of the breadth of three inches, and of the depth of six inches; of which said mortal wound, the said J. N., from the said third day of May, in the year aforesaid, until the fifteenth day of the same month of

May, in the year aforesaid, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live; on which said third day of May, in the year aforesaid, the said J. N., at the parish aforesaid, in the county aforesaid, of the said mortal wound died: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said J. S. the said J. N., in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder: against the peace of our lord the King, his crown and dignity. As to the venue, see ante, p. 3, 4, 5.

Upon this inmurder, and

Felony, death. 23 H. 8. c. 1. 1 Ed. 6. c. 12. dictment, the defendant may be acquitted of the found guilty of manslaughter, or excusable homicide. Vide post.

Evidence for the prosecution.

In and upon one J. N.] It must be proved that J. N. was the person killed; otherwise the defendant must be acquitted. Ante, p. 10, 11. If the name of the deceased be known, it should be stated so in the indictment. Id.

In the peace of God, and our said lord the King.] This does not require proof. If the deceased, however, were an alien enemy, and killed in the actual heat and exercise of war, this is matter of justification, which may be proved upon the part of the defendant. See 1 Hale, 433. But it is no matter either of excuse or justification, that the deceased was a jew, an outlaw, or one attainted of felony or præmunire. Id.

With a certain knife, &c.] It is not necessary to prove this strictly as laid; if it be proved that the deceased was killed with any other instrument, as with a dagger, sword, staff, bill, or the like, capable of producing the same kind of death as the instrument stated in the indictment, the variance will not be material. R. v. Mackally, 9 Co. 67 a. Gilb. Ev. 231. But if the species of death would be different, as if the indictment allege a stabbing or shooting, and the evidence prove a poisoning or starving, the variance would be fatal; Id.; and the same, if the indictment state a poisoning, and the evidence prove a starving. But if the indictment allege a death by one kind of poison, proof of a death by another kind of poison will support the indictment. Id. and see 2 Hale, 185, 186. 2 Hawk. c. 23. s. 84.

The value of the instrument is immaterial. It seems to be stated in the indictment, because the instrument is forfeited as a deodand to the King, and the township is liable for the value of it, if it be not forthcoming. See 2 Hale, 185.

In his right hand, &c.] It is necessary to allege in the in

dictment, in which hand the defendant held the weapon; 2 Hale, 185; but it is not necessary to prove it.

In and upon the right side.] The indictment must shew with certainty in what part of the body the deceased was wounded; and therefore if it allege the wound to have been on the arm, hand, or side, without saying whether the right or the left, it is bad. 2 Hale, 185. In this and in other instances, there is a particularity required in indictments for murder, that it would be ridiculous to attempt to account for, or justify; for the same strictness is not required as to the evidence necessary to support it; if, for instance, the wound be stated to be on the left side, and proved to be on the right, or alleged to be on one part of the body, and proved to be on another, the variance is immaterial. 2 Hale, 186.

Of his malice aforethought.] The law presumes every homicide to be murder, until the contrary appears. Fost. 255. Therefore the prosecutor is not bound to prove malice, or any facts or circumstances, besides the homicide, from which the jury may presume it; and it is for the defendant to give in evidence such facts and circumstances as may prove the homicide to be justifiable, or excusable, or that at most it amounted to but manslaughter. Vide post.

Did strike and thrust.] In all cases where the death is caused by personal violence, it is essential to the indictment that it should allege that the defendant struck the deceased; see 5 Co. 122 a. 2 Hale, 184. 2 Hawk. c. 23. s. 82; and it must also be proved. But we have seen (ante, p.211.) that it is not necessary to prove that he struck him with the instrument mentioned in the indictment; and therefore, although the indictment allege that the defendant did strike and thrust, proof of a striking which produced contused wounds only, would maintain the indictment.

In cases of express malice, the homicide is usually committed in secret, and it is rarely practicable to substantiate it by direct and positive testimony; in most cases, the defendant is convicted upon circumstantial evidence merely. Upon this subject, it is only necessary to refer to what has been already said upon the doctrine of Presumptions, ante, p. 77, 78; repeating here merely the rule laid down by Lord Hale, never to convict a man of murder or manslaughter, on circumstantial evidence alone, unless the body have been found. 2 Hale, 290.

In cases of implied malice (vide post), the homicide is usually committed in the presence of others, who may prove it; if not, it must be proved by circumstantial evidence.