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INDICTMENT-PLEADING—(continued).

the wounds need not have been inflicted by a sharp in-
strument, 228.

letters put into pigeon-holes in the post-office for private
persons, are still in the post-office within 52 Geo. 3,
c. 143, s. 3,-229.

under the 7 & 8 Geo. 4, c. 30, s. 16, for destroying 66 cat-
tle," it is not necessary to aver that the animal
destroyed was cattle," 229.

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an indictment, which charged the prisoner with killing a
"gelding," was held sufficient, ib.

under the Night-Poaching Act, 9 Geo. 4, c. 69, s. 3, "The

7th October, one thousand eight hundred and thirty
two," held, after verdict, to be time imperfectly
stated, and not of the essence, 232.

hens must be described as tame, or they will be taken to
be feræ naturæ, 234.

INDICTMENT-VARIANCE,

a bank post bill does not answer to the description of a
bill of exchange, (see p. 90, "Embezzlement"), 235.
an "n" instead of a "u" held fatal in a forgery in-
dictment, (see p. 138, "Forgery"), ib.

J. S. and others, is not supported by proof of J. S. and
one other, (see p. 269, “Partners”), ib.

Townend, instead of Tewnend, held a fatal variance on
an indictment for forgery, ("see p. 135, "Forgery"),
ib.

property belonging to J. S., the son, may be described as
the property of J. S., though the father's name be
also J. S., 236.

an averment of from two to four A.M., is sustained by
proof of from eleven to half-past four, 237.

INNOCENT,

better that ten guilty should suffer than one innocent, 261.
INQUISITION,

difference between and an indictment, 54.

INSANITY,

drunkenness is not insanity, 75, 76.

when insanity is given in evidence, and prisoner is ac-
quitted, the Judge ought to ask the jury if that is the
ground, 238.

if there be a doubt of a prisoner's sanity, he must not be
put upon his trial, 239.

INSANITY-(continued).

a jury must be impanneled to try the fact,-(see p. 64,
'Deaf and Dumb"), 239.

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INSOLVENT,

house occupied by, may be laid as his, when, 18.

INTENT,

in burglary, may be inferred from circumstances, 37.
INTERRUPTION,

rape, 289.

IRELAND,

note, bank of, uttering in England an indictable offence,
142.

JOINDER OF COUNTS,-(see p. 83, tit. "Election).”
indictment-pleading, 218.

JUDGE,

of assize and gaol delivery cannot bail a person not in
gaol, 20.

ought to try indictments found at sessions, 274.

may respite recognizances taken before coroner, 294.
JURISDICTION,

the admiralty and common law jurisdiction may be alter-
nate, according as the tide is in or out, 243.

JURY,

an alien is entitled by 6 Geo. 4, c. 50, s. 47, to a jury com-
posed of one half foreigners, 244.

LABOUR,

medical man neglecting a woman in, is manslaughter if
death ensue, 181.

LARCENY,

if a horse be borrowed with a preconcerted design of
stealing, it is a felony, 245, 247.

quære, if the appropriating a stray horse is felony, 245.
a horse may be charged to have been stolen in Cumber-
land, if seen in prisoner's possession in that county,
though it was originally stolen in Durham, 246.
in larceny, it is not necessary that the party should be
seen to do the act, 248.

neither is it necessary that any part of the property should
be found upon him, 248.

in larceny, encouragers are guilty, though the actual theft
be by another hand, 249.

LARCENY (continued).

to constitute larceny, it is not necessary that the property
should be actually carried away, 249.

lifting a bag from the bottom of the boot of a stage-coach
held larceny, though not removed entirely there-
from, ib.

to constitute larceny there must be an animus furandi at
the time of taking, 251.

LATCH OF DOOR,

lifting, is a breaking, 35.

LAUDANUM,

negligently administering by mistake, manslaughter, 169.
LESSEE OF TOLLS,

toll-house laid as his, 31.

LETTERS,

what constitutes a service under the post-office, 100, 213.
what amounts to secreting a letter, 216.

a post-master delivering letters bona fide to the assignee
of a bankrupt, is not guilty of wittingly, &c. detain-
ing them within 9 Anne, c. 10, s. 40,-252.

LIFTING UP,

a bag from the boot of a coach is an asportation, 249.
lifting a window is a breaking, 33.

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
dwelling-house, 32.

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.
MANSLAUGHTER, 169.--See also "Medical Men," 262.

MANUFACTURES,

destroying, 221.

MARRIAGE. See " Bigamy," 259.

on an indictment for bigamy, proof must be given that the
woman taken to wife is the woman named in the in-
dictment, ib.

held, that a person who has given in a wrong name for
the publication of banns, and who marries a woman
by that name, is not at liberty to shew that it was not
her proper name, 260.

MASTER OF BOAT ON CANAL,

may bring trespass for injury to, 287.

MAXIMS,

the greater the crime, the stronger the proof required to
convict, 261.

it is better that ten guilty men should escape than that
one innocent man should suffer, 261.

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,
and in a place where medical men abound, adminis-
ters a wrong medicine, and thereby causes death, he
is guilty of manslaughter, 262.

MEDICINE,

administering wrong, 169, 172, 181.

MENACE,

as contradistinguished from a caution, 48.
MEETING,

conduct of a party at, evidence when, 115.

MINOR,

cannot enter into recognizances, 294.

MISDESCRIPTION AND MISNOMER, 264.

indictment-pleading, 212 et seq.
indictment-variance, 235 et seq.

MISDEMEANOR AND FELONY,

on an indictment for a felony, jury cannot convict of mis-
demeanor, 26.

on an indictment for misdemeanor, a defendant on bail
not bound to stand in the dock, ib.

when a person is deaf and dumb, the cause of standing
mute should be found by a jury, ib.

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.

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