vides, that, for preventing the difficulties that have been experienced in the prosecution of clerks and servants guilty of embezzling the property of their masters, "it shall be lawful to charge in the indictment, and proceed against the offender, for any number of distinct acts of embezzlement, not exceeding three, which may have been committed by him against the same master, within the space of six calendar months from the first to the last of such acts, &c.*' LANCASTER Sp. Assizes, 1824. Medical man by false pretences procuring a female to strip Rosinski's Case. A medical man procuring a female to strip herself naked in his presence, under pretence of applyherself naked. ing his medical skill, but in reality for his own lewd gratification, &c., is guilty of a common assault. See S. C. ante, p. 11, tit. "Assault." YORK Sum. Assizes, 1825. An indict ment found Wetherell's Case. If an indictment found at the sessions be trans at the sessions mitted to the assizes, the Judges of assize have au and transmit ted to the as- thority to try the same.— sizes, ought to -Per Hullock, B., who be tried at the stated that it had been so held by the twelve latter. judgment, said "We do not think that there has been a mistake or misrepresentation of such a nature as to call upon this Court to interfere." Browne v. Cumming, 10 B. & C. 70. • See Dunn's and Smith's case, ante, 85. Judges on a case reserved by Wood, B., in E. T. 1819. Note. The case alluded to by the learned judge was that of Rex v. John Wetherell, R. & R. C. C. 381. Two indictments had been found against the prisoner at the North Riding of Yorkshire Quarter Sessions of the Peace by the grand jury of that Riding. One of them was for assisting one Burke to escape from the House of Correction, he being sentenced to twelve months' imprisonment for grand larceny; and the other was for escaping himself, he being under confinement for the same offence. It was ordered by the Court of Quarter Sessions, that W. should be committed to his Majesty's gaol, the castle of York, in and for the said county, to be confined until he should take his trial at the then next assizes; and the keeper of the House of Correction at Northallerton was ordered to deliver him, and the keeper of York Castle to receive him, till the time of his trial for the offences aforesaid. These two indictments were transmitted to the Lent assizes for York in 1819, held before Mr. Baron Wood, annexed to a certificate signed by the Deputy Clerk of the Peace for the North Riding, certifying that they were found; and the indictments contained the names of the witnesses on the back, and were signed by the foreman of the grand jury at the sessions as found true bills. Wood, B., thought he had no authority, on these proceedings, to try the prisoner, and he was dis YORK Sum. Assizes, 1829. Bankrupt not surrendering, &c. charged by proclamation, the time of his former sentence having expired. The reasons which occurred to the learned Baron at the time for refusing to try the prisoner were:-1st. That he had never tried an indictment found at the Quarter Sessions, unless it had been removed by certiorari into the King's Bench, and sent from thence to the assizes to be tried.-2nd. The great inconvenience and labor that would be thrown on the commission of gaol delivery, if the justices could, at their discretion, transmit prisoners with their indictments to the assizes, to be tried, when the justices were competent to try them. -3rd. He thought there ought to have been a new indictment preferred before the grand jury of the county at the Assizes, and found by them. For a rule in similar cases, the learned judge stated the case for the opinion of the judges. In Easter Term, 1819, the judges met, and were of opinion that the prisoner should have been tried at the Assizes upon the indictment found at the Sessions. See 4 Edw. 3, c. 2; 4 Inst. 168; 2 Hale, P. C. 32; 2 Hawk. P. C. c. 5, s. 32; Ibid, c. 6, s. 2; Cr. Circ. Comp. 27-as to transmitting indictments preferred at the Quarter Sessions in Middlesex to the Old Bailey. Mitchell's Case. Indictment against a bankrupt for not surrendering pursuant to 6 Geo. 4, c. 16, s. 112. S. C. ante, p. 20, tit. "Bankrupt." Guisippe Sidoli's Case. The prisoner was charged with manslaughter. Sir G. Lewin objected on his behalf that the indictment returned by the jury was not signed by the foreman or any of the jurors. Alderson, J., held it to be unnecessary. S. C. ante, p. 55, tit. "Coroner's Inquisition." NEWCASTLE Sp. Assizes, 1833. Bill of indictment not sign ed by any of the jurors. Percival's and Others' Case. NEWCASTLE Sum. Assizes, 1833. may correct Held by Bolland, B., that it is competent to the Grand jury grand jury, as regards the indictment, to amend any their own misthing that they have done by mistake. takes. S. C. ante, p. 156, tit. “Grand Jury." Mary Hunter's Case. YORK Sp. Assizes, 1833. Indictment against an accessory for a substantive Indictment felony under 7 Geo. 4, c. 64, s. 9. S. C. ante, p. 3, tit. "Arson." against an accessory for a substantive felony. INDICTMENT-PLEADING. YORK Sp. Assizes, 1824. A loft under the same roof may be described as a dwellinghouse. Thompson's Case. In an indictment for burglary, a loft under the same roof with a dwelling-house is properly described as a dwelling-house, though there be no internal communication between it and the parts inhabited. S. C. ante, p. 32, tit. "Burglary." YORK Sum. Assizes, 1828. A cellar used as a lock-up Anonymous. In an indictment for arson, it was held, that a house is not a cellar which was under a cottage, and in the exclu dwelling-house or an out house. sive occupation of a constable, who used it for a lock-up house, was improperly described as the dwelling-house of the constable, or as an outhouse parcel of the cottage. S. C. ante, p. 8, tit. "Arson." YORK Sum. Assizes, 1828. Who is a per son in the Goodwin's Case. Prisoner was indicted for secreting a letter, which service of the had been put into his hands, as being a letter-carrier, Post-Office. to deliver in the ordinary course of delivery. The indictment, which contained sixteen counts, was as follows: |