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REPORTS OF CASES
ARGUED AND DETERMINED
IN ALL THE COURTS IN ENGLAND AND IRELAND
EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,
1848 TO 1850.
LIBRARY OF THE
JUL 5 1001
LIERASY OF THE
CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.;
Hare and Rehden
PAGE Reg. v. Hunt
215 Reg. v. Prestney... Hyde
Read and others
Roberts and Jackson
Smith and others
Spry and Dore ...
Taylor and Morrall
Tufts and others
Turner and others
Whitaker and others
White and others
Wolf, Pridmore, and Otley
Ryalls v. The Queen
88 Shea v. The Queen
225 Smith v. The Queen Prender ...
158 Staffordshire Grand Jury
PAGE 505 460 266 74 72 288 443 221 187
84 573 160 304
67 442 279 300 183 50 79 86 281
578 277, 153
181 36, 254
141 586 433
May 22nd, 23rd, 25th, 26th, and 27th.
THE QUEEN v. John MITCHEL. (a)
Demurrer — Postponement of trial — Challenge of the array — Jury
list-Practice-Pleading-Jury-Absence of a witness—Evidence. A prisoner indicted for felony is not entitled to a copy of the indictment
found against him, or to a copy of the jury panel, or to copies of the
panels returned at former sessions of the court. The prisoner was indicted in one set of counts for feloniously compassing,
&c., to deprive and depose our Lady the Queen from the style, honour, and royal name of the Imperial Crown of the United Kingdom and, on certain days in the indictment named, feloniously expressing said compassings by feloniously publishing certain printings in a certain public newspaper, of wbich he was then and there the proprietor. And, in another set of counts, with feloniously compassing to levy war against the Queen, in order, by force and constraint, to compel Her Majesty to change her measures and counsels, and with feloniously expressing such last-mentioned compassings by feloniously publishing the same printings, and on the same days and in the same public newspaper as in the first set of counts mentioned. Held, that the two felonies, though distinct, were properly joined in the
indictment. And semble, that the question in such cases is not whether the felonies
charged are distinct—but whether they are repugnant or so dissimilar in their nature and circumstances as, if joined, to be likely to embarrass
the prisoner in his defence. A prisoner indicted for a felony not capital is not entitled to demur and plead over at the same time.
(a) Raported by W. St. LEGEB BABINGTON, Esq., Barrister-at-law. VOL. III.