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SUMMARY

OF THE LAW RELATIVE TO

PLEADING AND EVIDENCE

IN

Criminal Cases ;

WITA

PRECEDENTS OF INDICTMENTS, &c.

AND

THE EVIDENCE NECESSARY TO SUPPORT THEM.

BY JOHN FREDERICK ARCHBOLD, ESQ.

OF LINCOLN'S IYX, BARRISTER AT LAW.

LONDON :

PRINTED FOR R. PHENEY, INNER TIMPLE LANE ;
S. SWEBT, 3, CHANCBRY LANE ; AND

R. MILLIKIN, DUBLIN.

1822.

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In the year 1812, I collected all the authorities upon the Pleas of the Crown, to be found in the text books, the books of reports, &c. : all that could elucidate the subject in Bracton, Britton, Fleta, and the Mirror; the substance of Hale, Hawkins, the third Institute, Dalton, Foster, and East; all the cases upon the subject in the Year Books, the old reports, and in the modern and recent reports ; and all the statutes upon the subject : down to the period at which I made the collection. Of these materials, I framed, with infinite pains, a Digest in three volumes ; one of which was actually published in the year 1813.

When I contemplated the publication above mentioned, works upon the Pleas of the Crown were extremely scarce; those of repute, upon the subject, were rarely to be had, even at most extravagant prices. But immediately upon the publication of my

first volume, two other works were announced

upon the same subject; one of which was published very shortly after it was announced; the

other not for nearly two years afterwards. Their being announced, however, had the effect of deterring me from proceeding with my work : I thought they would amply supply the deficiency of works upon the subject; and I felt too much diffidence in my own ability, to enter into competition with the writers of them. Another, and a very elaborate work, has since been added, which has fully confirmed me in my determination not to publish the work I originally contemplated.

As the subject of Evidence in criminal cases, however, had not been treated of by any of these writers, and as some book upon the subject was extremely desirable, I thought I might select from the work I originally compiled, such part of it as related to evidence in criminal cases, and publish it, without subjecting myself to the imputation of wishing to enter into any competition with the learned writers of the works already extant upon the Pleas of the Crown. I have made this compilation; I have added to it all the cases since decided, and the statutes since enacted upon the subject ; and I have compressed the whole into the smallest compass that appeared to me to be practicable, consistently with perspicuity. I have also added precedents of indictments and other criminal pleadings,—not from any idea that this part of the work was required by the profession, there being already one or two collections of great repute upon the subject,-but merely because I found it impractica

ble to give the evidence in particular cases, in the simplified form I was anxious to give it, without also giving, in each case, the particular indictment or pleading, the evidence was intended to support. And as I was thus obliged to give the precedents, I thought it desirable, and, indeed, necessary, also to give such a summary of the law relative to pleading in criminal cases, generally, as would enable the reader to frame an indictment, in cases where he might not be able to find a precedent.

As to the arrangement of my materials, I have endeavoured to make it simple and perspicuous. The work consists of two books. The first book, which treats of Pleading and Evidence in criminal cases generally, is divided into two parts : the first, of treating Pleading generally, namely, of indictments, informations, special pleas, demurrers, &c.; the second, treating of Evidence generally, namely, of evidence of records, of matters quasi of record, of private written instruments, and of parol evidence, the competency and credit of witnesses,

&c. &c.

The second book, which treats of Pleading and Evidence in particular cases, is divided into four parts : the first treats of offences against the property and persons of individuals ; the second treats of offences of a public nature, namely, offences against the King and his government, offences against public justice, offences against the public peace, offences against public trade, and offences

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