assisted the principal felon, knew that he had committed a felony. This knowledge may be proved, either from the defendant's admissions, or the like, or by evidence of circumstances from which the jury may fairly presume it. See ante, p. 78, 79. and see R. v. Burridge, 3 P. Wms. 439.

Indictment against an accessary after the fact, the principal being convicted.

Proceed as in the precedent, ante p. 400, to the *; and then thus]. And the jurors aforesaid upon their oath aforesaid do further present, that J. W., late of the parish aforesaid in the county aforesaid, labourer, well knowing the said J. S. to have done and committed the said [felony and larceny] aforesaid, after the same was so committed as aforesaid, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, him the said J. S., did feloniously receive, harbour, and maintain: against the peace, &c. &c. as in ordinary cases. Prove the conviction of the principal, as directed, ante, p. 400; and the guilt of the accessary, as directed, ante, p. 402.

Indictment for soliciting a person to commit an offence.

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, on the third day of May in the third year of the reign of our sovereign lord George the Fourth, falsely, wickedly, and unlawfully did solicit and incite one J. W., a servant of one J. N., to take, embezzle, and steal a large quantity, to wit, one hundred pounds weight of cotton twist, of the value of of the goods and chattels of his master, the said J. N.: to the great damage of the said J. N., to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. R. v. Higgins, 2 East, 5.

Evidence.

Prove the soliciting or inciting, as alleged in the indictment. Prove it in the same manner as you would prove the offence of accessary before the fact, with the exception of proving the larceny or embezzlement committed: if it appear that J. W. actually committed the offence to which he was incited by J. S., J. S. must be acquitted; for the misdemeanor in that case would be merged in the felony. See R. v. Higgins, 2 East,, 5.

INDEX.

A.

ABATEMENT, plea in, 47. In what cases, 47: for want of
an addition, or for a wrong one, 9; for want of christian
or surname, or for a wrong one, 9. Affidavit to verify
it, 47. Judgment, 48.

Abettors. See " Aiders."

Abortion. Indictment for administering drugs, &c. to procure
abortion, the woman not being quick with child, 236;
evidence, 236; punishment, 236. Indictment for the
same, the woman being quick with child, 237; evidence,
237; punishment, 237.

Acceptance of a bill of exchange, forging and uttering, 197—
199.

Accessary after the fact, who 402. In what offences, 401.
Must be tried with, or after the principal, 402. Indict-
ment of, together with the principal, 401; evidence,
402; punishment, 402. Indictment of, the principal be-
ing convicted, 403. See "Receivers."

Accessary before the fact, who, 398. In what offences, 398.
Must be tried with or after the principal, 398. Indict-
ment of, together with the principal, 397; evidence,
399; punishment, 398. Indictment of, the principal be-
ing convicted, 400; venue, 400; evidence, 400.
Accessary in one county to a felony in another, venue in in-
dictments against, 6.

Accessary, a competent witness against his principal, 96.
Accomplice, a competent witness, 96; but his testimony re-
quires confirmation, 96.

Acquittal of one defendant, to enable him to give evidence for
a co-defendant, in what cases, 97.

Acts of state, how proved, 88. Acts of state of a foreign go-
vernment, how proved, 86.

Addition of defendant, in an indictment or information, 7; of
his estate and degree, 7, 8; of his mystery, 8; of the
town, hamlet or place, and county where he resided, 8, 9.
It must be given after the first name, and not after the
ulias dictus, 7.

Adhering to the king's enemies, what, 271, 272; who an ene.
my, 272, 273. Overt acts, 271, 272. Indictment, 270;
evidence, 273.

Administration, how proved, 84.

Admiralty court, libel, answer, depositions, and sentence of,
how proved, 84; in what cases evidence, 84.

Admissions. See "Confessions.”

Affidavit to verify a plea to the jurisdiction, 46; or a plea of
misnomer, 47, or other plea in abatement, 47.

Affidavit, to ground an application for an information, 42.
Affidavit, how proved, and in what cases evidence, 83.
Affirmation of a Quaker or Moravian, not admissible in crimi-
nal cases, 103. 104. If false, it is punishable as perjury,
313.

Affray, indictment for, 337; evidence, 337; punishment,
337.

Aiders and abettors, indictment against, 395; evidence, 396.
65, 66; punishment, 395, 396.

Aiders and abettors, in forcible entry, 173; in high treason
270.

Aiding prisoners to escape, 308, 309. Indictment for convey-
ing files, &c. to a prisoner, to enable him to escape, 308;
evidence, 309; punishment, 308.

Alias dictus, in what cases necessary, and how used, 7.
Allegations, unnecessary but relevant, must be proved, 19.67.
Allegiance, indictment for endeavouring to seduce a soldier
or sailor from, 298; venue, 298; evidence, 299; pu-
nishment, 298.

Almanack, how proved, and in what cases evidence, 89.
Ammunition. See " Stores."

Animals, in what cases larceny may be committed of them,
116.

Answer, in the court of Admiralty, how proved, 84; in the
ecclesiastical courts, how proved, 84; in courts of equity,
how proved, 82, 83.

Armour.

See "Stores."

Arrest, under a warrant, 255; without warrant, 255,

under other authority, 257.

Arrest after an escape, 256, 257.

Arrest for a contempt, 256.

Arrest, privilege of witnesses from, 107.

256;

Arson, 177-182. See "Burning." Indictment for burning
the house of another, 177; evidence, 178-180.67; pu-
nishment, 178. Indictment for burning the party's own
house, 181; evidence, 182; punishment, 181. Burning
outhouses, 178, 179. 181.

Articles of war, how proved, 89.

Artificers, indictment for enticing them to leave the kingdom,
355; evidence, 356; punishment, 355.

Assault, 241-253; what, 241, 242. Indictment for a com-
mon assault, 241; evidence for the prosecution, 241,
242; evidence for the defendant, 242-244; punishment,
241. Indictment for an aggravated assault, 245. Indict-
ment for assaulting a woman quick with child, 245. In-
dictment for an assault with intent to murder, 245. In-
dictment for an assault on account of money won at play,
250; evidence, 251; punishment, 251; see the Errata.
Indictment for assaulting a constable in the execution of
his office, 251; evidence, 251. Indictment for assaulting
a gamekeeper in the execution of his duty, 251. In-
dictment for assaulting a collector of a turnpike in
the execution of his duty, 252. Indictment for an
assault with intent to spoil the clothes of another,
252; evidence, 253; punishment, 252. Indictment
for an assault with intent to commit a rape, 261; evi-
dence, 261; punishment, 261. Indictment for an as-
sault, with intent carnally to know a child under ten
years of age, 261; evidence, 262; punishment, 261. In-
dictment for an assault with intent to commit sodomy,
263; evidence, 263; punishment, 263.

Assignment of perjury, 315.

Assisters. See " Aiders."

Attachment against a witness for non-attendance, 107.
Attempts to commit crimes. Indictment for an attempt to
poison, 238; evidence, 238; punishment, 238. Indict-
ment for an attempt to rob, 148; evidence, 149; punish-
ment, 149. Indictment for an attempt to commit a rape,
261; evidence, 261; punishment, 261. Indictment for
an attempt carnally to know a child under ten years of
age, 261; evidence, 262; punishment, 261. Indictment
for an attempt to commit sodomy, 263; evidence, 263;
punishment, 263. Indictment for attempting to bribe a
constable, 322; evidence, 323; punishment, 323.
Attorney, privileged from giving evidence against his client,
in what cases, 98.

Auterfois acquit, plea of, 51. In what cases, 51. Form of it,
52. Replication to it, 53. Evidence necessary to sup-
port it, 54. In felony and treason, the defendant must
also plead over, 53.

Auterfois attaint, plea of, 54. In what cases, 54. In what
form, 55.

Auterfuis convict, plea of, 54. In what cases, 54. In what
form, 54.

Averments, how made, 27. In indictments for libel, in what
cases necessary, 288.