INDICTMENT-PLEADING—(continued). the wounds need not have been inflicted by a sharp in- letters put into pigeon-holes in the post-office for private under the 7 & 8 Geo. 4, c. 30, s. 16, for destroying 66 cat- 66 an indictment, which charged the prisoner with killing a under the Night-Poaching Act, 9 Geo. 4, c. 69, s. 3, "The 7th October, one thousand eight hundred and thirty hens must be described as tame, or they will be taken to INDICTMENT-VARIANCE, a bank post bill does not answer to the description of a J. S. and others, is not supported by proof of J. S. and Townend, instead of Tewnend, held a fatal variance on property belonging to J. S., the son, may be described as an averment of from two to four A.M., is sustained by INNOCENT, better that ten guilty should suffer than one innocent, 261. difference between and an indictment, 54. INSANITY, drunkenness is not insanity, 75, 76. when insanity is given in evidence, and prisoner is ac- if there be a doubt of a prisoner's sanity, he must not be INSANITY-(continued). a jury must be impanneled to try the fact,-(see p. 64, 66 INSOLVENT, house occupied by, may be laid as his, when, 18. INTENT, in burglary, may be inferred from circumstances, 37. rape, 289. IRELAND, note, bank of, uttering in England an indictable offence, JOINDER OF COUNTS,-(see p. 83, tit. "Election).” JUDGE, of assize and gaol delivery cannot bail a person not in ought to try indictments found at sessions, 274. may respite recognizances taken before coroner, 294. the admiralty and common law jurisdiction may be alter- JURY, an alien is entitled by 6 Geo. 4, c. 50, s. 47, to a jury com- LABOUR, medical man neglecting a woman in, is manslaughter if LARCENY, if a horse be borrowed with a preconcerted design of quære, if the appropriating a stray horse is felony, 245. neither is it necessary that any part of the property should in larceny, encouragers are guilty, though the actual theft LARCENY (continued). to constitute larceny, it is not necessary that the property lifting a bag from the bottom of the boot of a stage-coach to constitute larceny there must be an animus furandi at LATCH OF DOOR, lifting, is a breaking, 35. LAUDANUM, negligently administering by mistake, manslaughter, 169. toll-house laid as his, 31. LETTERS, what constitutes a service under the post-office, 100, 213. a post-master delivering letters bona fide to the assignee LIFTING UP, a bag from the boot of a coach is an asportation, 249. but not if it be open 34. LOCK-UP HOUSE, not a dwelling-house, 8, 212. LOFT, under roof of dwelling-house may be described as a LONDON, defendant at York may put in bail in London, 19. LUNACY, (see "Insanity"), 238. MACHINE-BREAKING, (see "Riot"). MALA PRAXIS, (see “ Assault”), 11. MALICE, cattle maiming, 39. general, evidence of, when not admissible, 112. MANUFACTURES, destroying, 221. MARRIAGE. See " Bigamy," 259. on an indictment for bigamy, proof must be given that the held, that a person who has given in a wrong name for MASTER OF BOAT ON CANAL, may bring trespass for injury to, 287. MAXIMS, the greater the crime, the stronger the proof required to it is better that ten guilty men should escape than that drunkenness is no excuse for crime, 262. MEANS OF WOUNDING, need not be stated, 228. death improperly stated, 193, 194. MEDICAL MEN, semble, that if a person, not having a medical education, MEDICINE, administering wrong, 169, 172, 181. MENACE, as contradistinguished from a caution, 48. conduct of a party at, evidence when, 115. MINOR, cannot enter into recognizances, 294. MISDESCRIPTION AND MISNOMER, 264. indictment-pleading, 212 et seq. MISDEMEANOR AND FELONY, on an indictment for a felony, jury cannot convict of mis- on an indictment for misdemeanor, a defendant on bail when a person is deaf and dumb, the cause of standing MISTAKES, grand jury may amend their own, 155. NAMES, if a father and son have the same Christian name, e. g. J. S., the son may be described as J. S., 236. NEGLIGENCE, sitting inside a cart, instead of being at horse's head, 168. furnishing wrong medicine, 169. administering noxious medicine, 172. slinging a cask in a dangerous manner, 180. NIGHT-WALKERS, who are, 52. NOTES, forged, of a different bank, found in prisoner's possession, evidence of guilty knowledge, 102. quare, if they be the subject of another indictment, 103. held to be evidence notwithstanding, ib. even though the witnesses who prove them forged are not on the back of the indictment, 104. NOTICE, a bankrupt in custody is not bound, under 6 Geo. 4, c. 16, s. 112, to give notice where he is to the commissioners, 21. though the detainer be collusive, ib. notice to a prisoner in gaol on Monday, to produce forged note on Wednesday, not sufficient, 267. OBSCENITY, on an indictment for exposing the person, one instance may be proved on each count, 268. "obscenely and scandalously," in a common law indictment, supply the place of the word "unlawfully," 227. OCCUPATION, 27, 28. ONE THOUSAND EIGHT HUNDRED AND THIRTYTWO, 233. PARISH, burglary should be laid to have been committed in, 36. PARTICEPS CRIMINIS, if a woman be, it is for the jury to say if she be the wife of another prisoner, 203. charging an intent to defraud J. S. and others, is not supported by proof of J. S. and one other, 269. PENETRATION, sufficient to constitute rape, 92, 94. |