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CRIMINAL LAW,

AND

ITS SENTENCES,

IN

TREASONS, FELONIES, AND MISDEMEANORS.

WITH AN ADDENDUM INCLUDING ALL STATUTABLE ALTERATIONS AND

ADDITIONS DOWN TO THE PRESENT TIME.

BY

PETER BURKE, ESQ.,

OF THE INNER TEMPLE, BARRISTER AT LAW.

LONDON:

OWEN RICHARDS, LAW BOOKSELLER & PUBLISHER,

194. FLEET-STREET.

1844.

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PREFACE.

It has been generally observed that criminal courts experience inconvenience from not possessing some work of reference, where may be had, at the moment, the exact penalty. attached to each offence, with the legal authority for inflicting it. The want of this not unfrequently leads to the passing of a sentence incorrectly. In the various works, whether extensive or not, upon the pleas of the crown, the intervention of other matter prevents the immediate connection between the crime and its punishment. To remedy this deficiency is the principal object of the author in the following compilation ; and, to effect his purpose, he has necessarily made a brief, but entire codification of the penal law. In doing so, however, he presumes not for a moment to enter into competition with the many able productions, large and small, upon the same subject; but rather hopes that his book may prove a requisite and useful companion to them.

The reader is requested, before referring to the body of the work, to look into the Addendum, which contains, with some corrections, whatever alterations have been made by statute in the criminal law since the first publication of the work.

TEMPLE, October, 1843.

PRELIMINARY REMARKS.

THAN

ONE MONTH

SOLITARY CONFINEMENT. By the 7 W. 4. & 1 Vic. c. 90. s. 5. it is enacted, that from and after the 1st of October, 1837, IT SHALL NOT BE LAWFUL FOR ANY COURT TO DIRECT THAT ANY OFFENDER SHALL BE KEPT IN SOLITARY CONFINEMENT FOR ANY LONGER PERIOD

AT A TIME, OR THAN THREE MONTHS IN THE SPACE OF ONE YEAR.

Solitary confinement being thus invariably qualified whenever inflicted, either pursuant to the above statute or to the penal acts subsequent to it when enacting punishment, it has been deemed necessary, for the sake of avoiding continual repetition, not to attach the above provision to each sentence throughout the work ; still it must be understood that such provision is always in connection with solitary confinement, whenever that penalty occurs.

SENTENCE FOR A FELONY SUBSEQUENT TO A PREVIOUS CONVICTION FOR FELONY.—The 7 & 8 G 4. c. 28. s. 11.enacts, that if any person shall be convicted of any felony, not

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