Page images
PDF
EPUB

DECLARATION OF TITLE ACT, 1862, 265, 272
DECLARATION: v. AFFIRMATION.

DEED,

stealing, destroying, obliterating, &c., 203
forging, 264

how proved, 439

DEER,

hunting, killing, &c., 150, 205

having in possession skin, &c., of, 205

DEFACING COIN, 66

DEFECTS

in indictment, 339

amendment of, 340

formerly demurrer in abatement to formal, 383

DEFENCE

in forma pauperis, 449

by counsel at request of judge, 449

DEFENDANTS, joinder of two or more, 345

DEFILEMENT: v. CARNAL Knowledge.

DELIVERY: v. LARCENY.

DEMANDING MONEY, by forged instrument, 271: v. THREATS.

[blocks in formation]

DEPOSE SOVEREIGN, COMPASSING TO: v. FELONIOUS COMPASSING.
DEPOSITIONS

taken before magistrates, 327

accused may have copies, 333

deposition of deceased or ill persons read at trial, 431

of person whose death is apprehended, 438

DERIVATIVE EVIDENCE: v. HEARSAY.

DESERTION, 61, 63

inciting thereto, 61

DESTROYING: v. MACHINERY; MINES; SHIPS; TREES; WILLS, &c. :

v. MALICIOUS INJURY.

DETAINER, forcible, 119

DILATORY PLEAS, 375

DIRECTOR OF PUBLIC PROSECUTIONS, 350

DIRECTORS: v. COMPANIES.

DISABLE, wounding, &c., with intent to, 191

DISCHARGE BY MAGISTRATE, 329

DISCHARGE OF JURY ON NON-AGREEMENT, 442

DISFIGURE, Wounding, &c., with intent to, 191

DISORDERLY HOUSE, 142

DISTRESS AFTER ORDER OF COURT OF SUMMARY JURISDICTION, 479

DISTRINGAS, 363

DISTURBING PUBLIC WORSHIP, 74

DIVIDEND WARRANT, false, 263

Dock,

stealing from, 221

setting fire to dock buildings, 273

destroying works, 281

DOCUMENT, stealing, obliterating, &c., 203

DOG,

stealing, 206

killing, maiming, &c., 283

DOLI INCAPAX, infant when presumed to be, 26
DOMITE NATURE, ANIMALS, larceny of, 205
DREDGING: v. OYSTERS.

DRILLING,

illegal, 62

time limited for prosecution, 345

DRIVING, Wanton and furious, 144

DROWN v. ATTEMPT TO MURDER.

DRUGS,

adulteration of, 143

administering stupefying, &c., drugs, with intent, &c., 193
DRUNKENNESS,

no excuse for crime, 25

DRUNKENNESS-continued.

when it is to be considered, 25
involuntary, 26

a disease, 26

punishable on summary conviction, 146, n.

DUEL, killing in a, 173

DUMB: V. DEAF.

DUPLICITY, Count bad for, 342

DURESS PER MINAS, 29

DWELLING-HOUSE,

what is a, under the Larceny Act, 251

part let off, 252

entering at night with intent to commit felony, 255

being found in, by night, armed, &c., 255

being found in, by night, with intent to commit felony, 255
housebreaking (q. v.), 256

stealing in dwelling-house to amount of £5, 257

with menaces, 257

the goods must be under the protection of the house, 257
setting fire to dwelling-house, 273

damage, &c., by explosion, 278

demolishing, 279

tenant demolishing, 279

DYING DECLARATION, when received in evidence, 438

E.

EAST INDIA BONDS, forging, 263

EFFIGY, hanging in, 118

ELECTION v. MUNICIPAL, PARLIAMENTARY.

ELECTION, forging documents relating to, 264

ELECTION, if too many acts are alleged in indictment for larceny,

218

ELEMENTS OF A CRIME, 12

ELISORS, 389

EMBEZZLEMENT,

definition of, 233

distinguished from larceny by clerks or servants, 233, 258

the employment as clerk or servant, 234

the receipt for, &c., the master, 235

the unlawful appropriation, 235

EMBEZZLEMENT-continued.

three distinct acts within six months may be charged, 236,
342

verdict of larceny on indictment for embezzlement, and vice
versâ, 218, 236
punishment, 237

summary jurisdiction, 237, 483, 484
embezzlement by public officers, 234

by bankers, merchants, brokers, solicitors, agents, factors
(q. v.), 237

by trustees, 239

by directors, officers, and members of public companies (q. v.)
and corporate bodies, 239: v. BANKRUPT; POST OFFICE.
EMBRACERY, 95

ENDANGERING safety of railway passengers, 194

ENEMIES, adhering to the Sovereign's, 50

ENGLAND, BANK OF: v. BANK OF ENGLAND.

ENLISTMENT: v. FOREIGN ENLISTMENT ACT.

ENTERING, in burglary, 256: v. DWELLING-HOUSE.

ENTRY, forcible, 119

ERROR,

writ of, 468

jurisdiction in error under Supreme Court of Judicature

Acts, 470

ESCAPE, 77

distinguished from breach of prison and rescue, 77
allowed by officers, 77

by private individuals, 78

aiding to, 78: v. PENAL SERVITUDE.
ESSENTIALS OF A CRIME, 12

ESTREAT: v. RECOGNIZANCES.

[blocks in formation]

EVIDENCE-continued.

as to written documents, 429
hearsay no evidence, 430

why rejected, 430

when it may be given, 430

deposition of those ill or deceased given in evidence, 431
confessions, 431

confession before magistrates, 432

circumstantial or presumptive evidence distinguished from
direct, 433

circumstantial evidence, conclusive or presumptive, 434
presumptions classified, 435

written evidence, 436

records, 436

Acts of Parliament, 436

other records, 436

previous conviction, how proved, 437

matters quasi of record, 437

perpetuating the testimony of witness whose death is appre-
hended, 438

written documents of private nature, as deeds, 438

handwriting, how proved, 439

points in which rules of evidence in civil and criminal cases
differ, 440

EXAMINATION

of witnesses, by grand jury, 358

order of examination by counsel, 396, 417

what witnesses must be called, 417

ordering witnesses out of court, 418

functions of counsel for prosecution, 418

for defence, 418

rules founded on principle that witness is favourable to

party calling him, 419

examination-in-chief, 419

questions must be relevant, 419

leading questions not allowed, 419

exceptions, 420

witness must testify from own knowledge, 421

evidence of experts, 421

contents of written documents, how proved, 421

witness proving hostile, 421

cross-examination, 422

re-examination, 423

« EelmineJätka »