EVIDENCE-(continued).

subject of another indictment against the same
party, 103.
forged notes, the subject of another indictment, may be
given in evidence to shew guilty knowledge, though
the witnesses who prove them to be forged are not
on the back of the indictment, 104.

quære, if a former uttering of a supposed forged note can
be given in evidence to shew guilty knowledge, with-
out producing the note, or proving it aliunde to have
been a forgery, 107.

semble, that if a letter written by a prisoner be tendered
in evidence against him, the whole of its contents
must be read, though it mention the name of a fel-
low-prisoner, and implicate him in the same trans-
action, ib.

where the cross-examination of an accomplice is directed
merely to his discredit, it is not competent to the
prosecutor's counsel to re-examine as to matters not
arising out of the cross-examination, in order to cri-
minate the prisoner, 111.

the confession of one prisoner before a magistrate is not
evidence against a fellow-prisoner, ib.

on an indictment for murder, evidence that the prisoner
was lurking about a churchyard for an unlawful pur-
pose, is not admissible to shew general malice, 112.
the hand-writing of prisoner to a bill of exchange, as
drawer, indorser, and acceptor, is not prima facie evi-
dence of forgery, 113.

on an indictment which charged an uttering in June-
proof was admitted of an uttering in November,

114.

a direction given by a master to his servant, held to be
receivable in evidence, though the prisoners were
not present to hear it, 115.

the fact of stolen property being found in a person's
house is not evidence that that person stole it, if
eircumstances tend to shew that it was stolen by
other persons, though it may be evidence of a re-
ceiving, ib.

the conduct of a prisoner at a meeting held a few days
before, in reference to the subject out of which the
charge originated, may be given in evidence, ib.
shoe-marks ought to be compared with the shoes before
the shoe is placed upon the mark, otherwise they
are not evidence, 116.

EVIDENCE-(continued).

in bigamy, the identity of the party alleged to have been taken to wife must be ascertained with certainty, 116. goods alleged to have been received from the person who stole them, and that such person is to the jurors unknown, must be proved to have been received from the actual thief, 117.

evidence under the above circumstances, that the party from whom they were received was an innocent agent of the thief, is not admissible, ib.

where several persons have been convicted by evidence as engaged in the same forgery, the acts and sayings of any of them become evidence against all, even in their absence, 118.

the confession of one prisoner before a magistrate is not evidence against a fellow-prisoner, 119.

semble, that a record of a conviction founded upon such confession is not evidence against a fellow-prisoner, and cannot be given in evidence as against him to prove the felony which it records, 119.

if a forged instrument be in prisoner's possession, and he
refuses to produce it, a copy may be given in evi-
dence, 122.

signing and sealing imply delivery, if the instrument is in
the hand of the party to be benefited by it, otherwise
not, ib.
allegation, that it purports to be signed and sealed, is in-
sufficient without an averment of delivery, ib.
comparison of hand-writing by the jury allowed, 123.
on an indictment for shooting at with destructive materials,
it must be proved that the gun was loaded with such
materials, ib.

quare, where it is uncertain whether deceased died from
blows given by prisoner, or from a fall, if it is evi-
dence to go to the jury, 127.

base coin, procurement of in county, 42, 127.
uttering base coin with an unlawful intent, ib.

constable, proof of office, 14, 128.

deposition before coroner, 74, 128.

EXAMINATIONS. See " Depositions,” 66.

EXCISE OFFICER,

what is evidence of office, 14, 15.

EXPENSES,

attorney's costs are not taxable in criminal cases, 128. expenses may be allowed under 7 Geo. 4, c. 64, s. 22, though no bill has been preferred, 128.

EXPENSES-(continued).

reward for activity “in and towards" the apprehending a felon, under 7 Geo. 4, c. 64, s. 28, does not apply to sacrilege, 129.

expenses are never allowed to a prisoner charged with felony, though the trial be postponed at the desire and for the convenience of the prosecutor, 131.

but the court will liberate him without requiring sureties for his future appearance, ib.

at the request of grand jury, the expenses of a prosecutor disallowed, 132.

expenses were allowed to a witness who was taken ill while attending the assizes under a recognizance, ib. expenses are not allowable on indictment for "endeavouring to conceal the birth of a child,” 133.

expenses in criminal cases are only allowable where a party is under a recognizance or subpœna, ib.

expenses are allowable where the accused does not appear on proclamation made, 134.

FAIR FIGHTING,

death in, manslaughter, 173.

FALSE PRETENCES,

medical man causing a female to expose her person under, 11.

FEAR,

putting in, what amounts to, within the statute, 201. FELONIES,

different, not to be gone into on the same indictment, 206. FELONIOUSLY,

omission of, in charging a principal in second degree, fatal,

227.

FELONY AND MISDEMEANOR,

on an indictment for felony the jury cannot convict of misdemeanor, 134.

FEME COVERT,

woman pleading to the term "single woman" is not conclusive that she is not married, 3.

so, her pleading to a different name from that of her supposed husband, ib.

FIGHTING,

up and down, murder, if death ensues, 171.

fair, manslaughter, 173.

FLY-BOAT,

on a canal, master of, may maintain trespass for an injury to, 287.

Q 3

FORCE,

what necessary to constitute robbery, 300.

FORGERY,

filling in the body of a cheque left blank, to which a genuine signature is attached, is a forgery of the whole,

135.

semble, that a party in the habit of leaving signed blank cheques out, would be liable to his banker who paid the same, ib.

if the instrument set out is alleged to be signed Townend,
but is in fact signed Tewnend, the variance is fatal,
ib.

comparison of hand-writing by the jury allowed, 137.
if Au be written like An it is a fatal variance, 138.
if a bill be drawn, indorsed, and accepted by prisoner,
and made payable at Sir J. L. & Co.'s, it is not primá
facie evidence of an intended forgery, without addi-
tional circumstances importing fraud, ib.

a bank post bill described as a bill of exchange is a fatal
variance, 141.

a bank post-bill is expressly named as a subject of forgery by the 11 Geo. 4 & 1 Will. 4, c. 66.

uttering an Irish bank note in England is an offence indictable in England, 142.

in forgery, if several persons contribute a distinct part at different intervals of time, and not in the presence of each other, they are all liable to be convicted of forgery, though the several parties had never previously met together, and agreed to commit the same, 145. if a forgery be partly fabricated in Cheshire, and part in Lancashire, the whole is a forgery in Lancashire, 317. foreigners entitled to a jury of half foreigners, 244. FORMER CONVICTION,

the charge of a former conviction under 7 & 8 Geo. 4, c. 28, s. 11, must be read as a part of the indictment,

147.

a former conviction appended to a count for larceny ought not to be joined to a count for burglary, 149.

FRIENDLY SOCIETY,

copy of certificate of rules evidence, without proof that the original copy which was destroyed was signed by clerk of peace, 96.

FUNERAL,

the passing of, over a way, not conclusive evidence of a right of, 91.

GAME, in an indictment under 9 Geo. 4, c. 69, s. 9, (the NightPoaching Act), it is not necessary to aver that defendant entered the close "between the first hour after sunset and the first hour before sunrise," 149. GAMBLING-HOUSE,

prisoner not bound to answer the question whether or not he keeps one, 321.

GELDING,

must be taken in popular language to be of the horse species, 229.

GENUINE SIGNATURE,

to fill in a blank cheque with a genuine signature attached to it, is a forgery, 135.

GESTURES AND WORDS,

will not warrant a blow, 60.

GLASS,

breaking a pane of, is a burglary, 83.

GUILTY,

better that ten escape than that one innocent should suffer, 261.

GRAND JURY,

prisoner discharged and expenses refused at the request of grand jury, 155.

grand jury may amend their own mistakes, ib.

if an approver's name be inserted in a bill by mistake, and the grand jury find a true bill, they may take the bill back, and strike the approver's name out of it, ib.

HABEAS CORPUS,

removal of record by, from city to county, under 38 Geo. 3, c. 52, s. 3,-278.

HAND-WRITING,

comparison of, in forgery, 137.

HAULM

is not straw, 9.

HEARSAY EVIDENCE,

admissible on indictment for non-repair of highways, 96.

HENS,

larceny of, must be laid to be tame, 234.

HIGHWAYS,

if an award under an inclosure act says, "that such only