Rex v. Willett, Crim. Inf., 10. Rex v. Williams, Crim. Inf., 3, 8; Duelling, 118; Embezzlement, 138; False Pretences, 149; Forcible Entry, 170, 172; Forgery, 202, 203; Larceny, 241; Murder, etc., 363; Riots, 438. Rex v. Williamson, Crim. Inf., 13; Murder, etc., 344. Mex v. Willis, Larceny, 251. Rex v. Willoughby, Forgery, 204; Murder, etc., 328. Rex v. Wilson, Burglary, 75; Coining, 84; Crim. Inf., 15; Forcible Entry, 170, 171, 173. Rex v. Winkworth, Robbery, 450. Rex v. Winter, Arson, 39. Rex v. Withal, Burglary, 81. Rex v. Withers, Crim. Inf., 15; Judgment, etc., 589; Murder, etc., 361. Rex v. Witt, Burglary, 75. Rex v. Wood, Murder, etc., 360; Robbery, 446. Rex v. Woodcock, Murder, etc., 378. Rex v. Woodhead, Malicious Injury, 311. Rex v. Woodrow, Crim. Inf., 12. Rex v. Woodward, Arson, 45; Burglary, 80; Larceny, 289; Malicious Injury, 323; Procedure and Practice, 490. Rex v. Woolcock, Riots, 436, 441. Rex v. Wooldridge, Coining, 86. Rex v. Wooler, Juries, etc., 521. Rex v. Woolford, Larceny, 306. Rex v. Wooller, New Trial, 582. Rex v. Woolmer, Murder, etc., 332. Rev v. Wren, Bail, 611. Rex v. Wright, Crim. Inf., 3, 4, 13; Larceny, 269; Persons capable of Crimes, 18; Procedure and Practice, 473; Suicides, 457. Rex v. Wrigley, Murder, etc., 373. Rex v. Wroxton, Bigamy, GO. Rex v. W. R. Yorkshire, Costs, 615. Rex v. W. R. Yorkshire, (Justices) Error and Appeal, 590. Rex v. Wyatt, Murder, etc., 382. Rex v. Wylde, Evidence, 570. Rex v. Wylie, Forgery, 227. Rex v. Wymer, Larceny, 292. Rex v. Wynn, Procedure and Practice, 476. Rex v. Wynne, Larceny, 245. Rex v. Yates, False Pretences, 159. Rex v. Yend, Larceny, 281. Rex v. Young, Crim. Inf., 8; Escape, Rescue, etc., 601; False Pretences, 146; Procedure and Practice, 496. Rex v. Younghusband, Crim. Inf., 10, 14. Roberts v. Preston, Railways, etc., 427. Robinson, In re, Bail, 610. Ruston's Case, Evidence, 569. Ryalls v. Reg., Judgment, etc., 586; Perjury, 405; Procedure and Practice, 490. Ryan v. Shilcock, Burglary, 68. Samuel v. Payne, Apprehension and Arrest, 602. Sayer v. Glossop, Bigamy, 65. Scattergood v. Sylvester, Larceny, 309. Scott, Ex parte, Apprehension and Arrest, 605. Sharpe's Case, Procedure and Practice, 484. Sherrington's Case, Evidence, 535. Sill v. Reg., Error and Appeal, 594; False Pretences, 167. Smith, Ex parte, Crim. Inf., 3. Smith v. Reg., Procedure and Practice, 503, 517. Stephens v. Myers, Assault and Battery, 47. Stocken v. Carter, Assault and Battery, 48. Sydserff v. Reg., Conspiracy, 110. Thompson, Ex parte, Assault and Battery, 57. Tulley v. Corrie, Murder, etc., 351. Tunnicliffe v. Tedd, Assault and Battery, 56. Turner v. Meymott, Forcible Entry, 171. Two Sicilies v. Willcox, Persons capable of Crimes, 24. Uphold v. Leit, Forgery, 209. Vaughton v. Bradshaw, Assault and Battery, 56. Wadham v. Rigg, Embezzlement, 143: Wakefield's Case, Evidence, 566. Wakley v. Cooke, Crim. Inf., 15. Walker v. London (Mayor, etc.), Larceny, 309. Walker v. Reg., Perjury, 407. Walker's Case, Juries, etc., 522. Wason, Ex parte, Procedure and Practice, 479. Watson's Case, Evidence, 571, 574. White v. Edmunds, Apprehension and Arrest, 603. White, In re, Juries, etc., 521. White v. Reg., Error and Appeal, 593. Whitehead v. Reg.. Judgment, etc., 586; Procedure and Practice, 487. Whiteley v. Chappell, Personation, 424. Wickes v. Clutterbuck, Larceny, 286. Wild's Case, Murder, etc., 337. Wilkes v. Rex, Crim. Inf., 2; Judgment, etc., 585. Wilkinson v. Dutton, Assault and Battery, 57. Williams v. East India Company, Gunpowder, 232. Williams, Ex parte, Crim. Inf., 10. Williams v. Reg., Larceny, 281; Procedure and Practice, 494. Windsor, In re, Forgery, 175. Winsor v. Reg., Evidence, 566, 567; Juries, etc., 527, 528. Womersley's Case, Costs, 615. Wright's Case, Forgery, 189. Wright v. Court, Apprehension and Arrest, 603. Wright v. Reg., Conspiracy, 112; Juries, etc., 528; Error and Appeal, 593. Wright v. Rex, Procedure and Practice, 490. Young, In re, Costs, 614. Young v. Rex, False Pretences, 164; Procedure and Practice, 495. ADDENDA. Dubois, In re, Extradition, 623. Reg. v. Badger, Crim. Inf., (note 3) 9. Reg. v. Evans, Larceny, 238. Reg. v. Greenwood, Coining, 95. Reg. v. Williams, Concealment of Births, 104. Read Reg. v. Campbell for Reg. v. Compbell, page 374. 66 66 Reg. v. Laugher Rex v. Laughen, page 22. 66 Rex v. Jepson, CRIMINAL INFORMATION. 3. For Libellous Publications, 2. (b) Who entitled to, 3. (f) Justifying Publication, 6. (b) Time of Application, 9. 8. Application for Information, 13. 10. Affidavits, 13. 11. Other Points of Practice, 15. 13. Conviction, 16. I. WHEN GRANTED. 1. General Principles. The granting of criminal information is discretionary under the circumstances. Anon. Lofft, 323. And see Rex v. Robinson, 1 W. Bl. 541. The court will not entertain an application for a criminal information on light or trivial grounds, or where no imputations are made individually on the person applying for the information, but will leave him to his remedy by action or indictment. Reg. v. Mead, 4 Jur. 1014 -Q. B. On a rule for information, though The court may think a ground is laid, 1 yet if under the circumstances the payment of the prosecutor's costs appears an adequate punishment, they will discharge the rule on the defendant's undertaking so to do. Rex v. Morgan, 1 Dougl. 314. Not grantable against a very poor person. Anon. Lofft, 155. The court will not grant a criminal information on the sole testimony of a particeps criminis, (uncontradicted) where the offense is against the public interest, as bribery in the election of an alderman, who will, by virtue of his office, be a justice of peace. Rex v. Steward, 2 B. & Ad. 12. To obtain a criminal information, the applicant should apply to the court in the first instance, and beIfore he has elected to take another course of proceeding. Reg. v. Marshall, 4 El. & Bl. 475; 3 C. L. R. 676; 1 Jur., N. S. 676; 24 L. J., Q. B. 242. A rule was obtained for a criminal information against a county court judge for alleged misconduct in his office. The affidavit in support of the rule stated that the applicant had adressed a memorial to the lord chancellor, setting forth the substance of the facts. It appeared from affidavit in answer that the memorial to the lord chancellor contained general charges of misconduct, and specified the particular misconduct complained of, and prayed for an inquiry into the be havior of the judge, and that the lord chancellor had declined to in terfere. The court discharged the rule on the ground that the applicant had elected his remedy. Ib. A letter between private individuals, containing abusive matter, but not inciting to a breach of the peace, will not support an application for a criminal information. Dale, Ex parte, 2 C. L. R. 870-B. C. The court will not grant a criminal information for breach of a public statute creating a state offense on the application of a private person, but only on the information of the law officers of the crown. Crawshay, Ex parte, 8 Cox. C. C. 356; 3 L. T., N. S. 320—Q. B. If a private person desires to punish an infraction of such a statute, he must do so by the ordinary machinery for the administration of justice, by preferring an indictment. Ib. An information was refused until an action for the same offense was discontinued. Rex v. Fielding, 2 Burr. 654; 2 Ld. Ken. 386. 2. Ex-officio by the Attorney-General. Information for a misdemeanor refused to the attorney-general, on behalf of the crown, because he may grant one himself. Rex v. Plymouth (Mayor), 4 Burr. 2090. May be filed by the solicitor-general during a vacancy of the office of attorney-general, and such vacancy need not be averred on the record. Rex v. Wilkes, 4 Burr. 2576; S. P. Wilkes v. Rex (in error), 4 Bro. P. C. 360. The court will not give leave to quash an information filed ex-officio by the attorney-general. He may stop the proceedings upon it by nolle prosequi, and file another. Rex v. Stratton, 1 Dougl. 239. A defendant in an information at the suit of the attorney-general is not entitled to a change of venue without his consent. Att.-Gen. v. Smith, 2 Price, 113. In an information at the suit of the crown, the attorney-general is entitled, as matter of right, to amend the information on payment of costs. Att.-Gen. v. Ray, 11 M. & W. 464; 7 Jur. 561; 12 L. J., Exch. 352. 3. For Libellous Publications. An information lies for a libel reflecting on the character of a justice of the peace. Anon. Lofft, 462. So, for sending a letter, charging the complainant with an unnatural crime, although in very guarded and general terms, and the complainant does not positively swear to his innocence. Rex v. Dennison, Lofft, 148. So, for printing an account of a ludicrous marriage between an actress and a married man. Rex v. Kinnersley, 1 W. Bl. 294. An information held good, though the matter published merely held the prosecutor up to ridicule. Rex v. Benfield, 2 Burr. 985. An information lies for singing songs in the streets, reflecting on the prosecutor's children, with intent to destroy his domestic happiness. Ib. An information lies against a member of parliament for publishing a speech in a newspaper, containing slanderous matter. Rex. v. Abingdon (Lord), 1 Esp. 226; Peake, 236-Kenyon. A criminal information having been granted against a defendant, he, before the trial at nisi prius, distributed hand-bills in the assize town, vindicating his own conduct, and reflecting on the prosecutor's; this matter being disclosed to the judge at nisi prius by an affidavit, was held a sufficient ground to put off the trial; and that affidavit being returned to the court, they granted another information on it against the defendant, considering the affidavit taken at nisi prius as taken under the authority of the court. Rex v. Jolliffe, 4 T. R. 285. The court will grant a criminal information for publishing in a news |