66; 8 Jur., N. S. 1217; 11 W. R. 74; 7 L. T., N. S. 471. A. was indicted for the wilful murder of B., and C. was indicted for receiving, harbouring, and assisting A., well knowing that he had committed the felony and murder aforesaid :-Held, that if the offence of A. was reduced to manslaughter, C. might, notwithstanding, be found guilty as accessory after the fact. Rex v. Greenacre, 8 C. & P. 35— Tindal, Coleridge, Coltman, and Recorder Law. 3. Abettors. In Felonies.]-If A. is charged with the offence of inflicting an injury dangerous to life, with intent to murder, and B. is charged with aiding and abetting him, it is essential to make out the charge as against B., that B. should have been aware of A.'s intention to commit murder. Reg. v. Cruse, 8 C. & P. 541-Patteson. Persons present, aiding and abetting, are principals in the second degree, and are within the Riot Act. Where a person is charged as ac-Rex v. Royce, 4 Burr. 2073. cessory after the fact to a murder, the question for the jury is, whether In Misdemeanors.]-By 24 & 25 such person, knowing the offence Vict. c. 94, s. 8, "whosoever shall had been committed, was either as- "aid, abet, counsel, or procure the sisting the murderer to conceal the "commission of any misdemeanor, death, or in any way enabling him "whether the same be a misdeto evade the pursuit of justice. Ib. "meanor at common law or by To substantiate the charge of har-"virtue of any act passed or to be bouring a felon, it must be shewn" passed, shall be liable to be tried, that the party charged did some act" indicted, and punished as a princito assist the felon personally. Reg. "pal offender." (Former provision, v. Chapple, 9 C. & P. 355-Re- 7 & 8 Geo. 4, c. 30, s. 26.) corder Law. 66 66 A prisoner who employed another 4. Trial. person to harbour the principal felons By 24 & 25 Vict. c. 94, s. 5, "if may be convicted as accessory after" any principal offender shall be in the fact, though he himself did no" anywise convicted of any felony, it act of relieving, and the prisoner "shall be lawful to proceed against may be found guilty on the uncor- any accessory, either before or af roborated testimony of the person ter the fact, in the same manner who actually harboured. Rex v." as if such principal felon had been Jarvis, 2 M. & Rob. 40-Gur-" attainted thereof, notwithstanding "such principal felon shall die, or A., a lad who was a clerk in a "be pardoned, or otherwise delivbanking house, robbed his employ-"ered before attainder; and every ers; after doing so, he went to the "such accessory shall upon conviclodgings of B., who was much older "tion suffer the same punishment than himself, and who had relations" as he would have suffered if the in America. A. stayed twenty min-"principal had been attainted." utes at B.'s lodgings; and after that, (Former provision, 7 Geo. 4, c. 64, on the same night, A. and B. started s. 11.) ney. together by the coach, and went By s. 6, any number of acces from Reading to Liverpool, intend-"sories at different times to any feling to embark for America :-Held, "ony, and any number of receivers that B. might be convicted as an "at different times of property stolaccessory after the fact, in harbour-"en at one time, may be charged ing, receiving, and maintaining A.," with substantive felonies in the the principal felon. Rex v. Lee, 6" same indictment, and may be tried C. & P. 536-Williams. together, notwithstanding the prin 66 cipal felon shall not be included | Reg. v. Fisher, 3 Cox, C. C. 68"in the same indictment, or shall Platt. "not be in custody or amenable to "justice." (Former provision, 14 & 15 Vict. c. 100, s. 15.) 66 An accessory after the fact indicted in the ordinary way with the principal felon, may, since 11 & 12 Vict. c. 46, s. 2, be tried before the principal. Reg. v. Hansill, 3 Cox, C. C. 597. Jurisdiction of Admiralty.]-By s. 9, "where any person shall, with" in the jurisdiction of the admiralty "of England or Ireland, become an "the same be a felony at common "law or by virtue of any act passed or to be passed, and whether such "felony shall be committed within that jurisdiction or elsewhere, or "shall be begun within that juris"diction and completed elsewhere, "or shall be begun elsewhere and "completed within that jurisdic By s. 7, "where any felony shall "have been wholly committed with"in England or Ireland, the offence "of any person who shall be an ac66 cessory either before or after the "fact to any such felony may be "dealt with, inquired of, tried, de"termined, and punished by any "court which shall have jurisdic-"accessory to any felony, whether "tion to try the principal felony, or any felonies committed in any county or place in which the act "by reason whereof such person "shall have become such accessory" "shall have been committed; and "in every other case the offence of any person who shall be an acces"sory either before or after the fact "to any felony may be dealt with," tion, the offence of such person "inquired of, tried, determined, and "shall be felony; and in any indictpunished by any court which shall "ment for any such offence the ven"have jurisdiction to try the prin- "ue in the margin shall be the same cipal felony, or any felonies com- "as if the offence had been commit"mitted in any county or place in "ted in the county or place in "which such person shall be appre- "which such person shall be indict"hended or in custody, whether the "ed, and his offence shall be averred principal felony shall have been" to have been committed on the "committed on the sea or on the "high seas;' provided that nothing "land, or begun on the sea and "herein contained shall alter or af completed on the land, or begun "fect any of the laws relating to on the land and completed on the "the government of her Majesty's sea, and whether within her Maj- "land or naval forces." esty's dominions or without, or "partly within her Majesty's do"minions and partly without; pro"vided that no person who shall be "once duly tried either as an accessory before or after the fact, or "for a substantive felony, under "the provisions hereinbefore contained, shall be liable to be after"wards prosecuted for the same of "fence." (Former provision, 7 Geo. 4, c. 64, ss. 9, 10, 11 & 12 Vict. c. 46, s. 2.) 66 66 66 66 66 Where a principal and an accessory are indicted together, they will not be allowed to sever in their challenges so as to be tried separately. 5. Indictment. A count charging a person with being accessory before the fact, may be joined with a count charging him with being accessory after the fact to the same felony, and the prosecutor cannot be required to elect upon which he will proceed, as the party may be found guilty upon both. Rex v. Blackson, 8 Č. & P. 43-Park and Patteson. An indictment in two counts charged A. and B. jointly with stealing. A third count charged A. alone with receiving the stolen goods. At the trial no evidence was offered against B., and he was acquitted, in order that he might be called as a witness against A. A. was an accessory before the fact to the stealing by B., and he afterwards received the stolen goods. The jury returned a verdict of guilty against A., which was entered upon all the counts-Held, that he was not entitled to an acquittal upon the first two counts by reason of the principal, B., having been acquitted, the 11 & 12 Vict. c. 46, s. 1, having made the crime of being an accessory before the fact a substantive felony. Reg. v. Hughes, Bell, C. C. 242; 8 Cox, C. C. 278; 6 Jur., N. S. 177; 29 L. J., M. C. 71; 8 W. R. 195; 1 L. T., N. S. 450. Held also, that there was no inconsistency in the verdict found by the jury, and entered upon all the counts, and therefore the conviction could be supported. Ib. In indicting a person for felony, since 11 & 12 Vict. c. 46, it is immaterial whether he is a principal in the first or the second degree, or an accessory before the fact, as in either case he is indictable as a principal. Reg. v. Manning, 2 C. & K. 903. If two persons are indicted for murder, the one as a principal in the first degree, and the other as being present, aiding and assisting to commit it, the jury may find the principal in the first degree not guilty, and convict the principal in the second degree. Rex v. Taylor, 1 Leach, C. Č. 360; S. C., nom. Shaw's case, 1 East, P. C. 351. the indictment. Reg. v. Pulham, 9 C. & P. 280-Gurney. An indictment stated that a certain evil-disposed person stole certain goods; that L. C. incited him to do so; that E. C. did the same; that E. M. received a portion of the property, knowing it to have been stolen; it also charged A. and the before mentioned E. C. as receivers. All these persons having been found guilty, the conviction was held good against all except L. C., who was merely charged as accessory before the fact, and judgment was given as to the charges of receiving only. Reg. v. Caspar, 9 C. & P. 289: 2 M. C. C. 101. A count charged A. with the murder of B., and also C. and D. with being present, aiding and abetting A. in the commission of the murder. A was an insane person: -Held, therefore, that C. and D. could not be convicted on this count. Reg. v. Tyler, 8 C. & P. 615-Denman. 6. Evidence. A person indicted as an accessory before the fact, cannot be convicted of that charge upon evidence proving him to have been present, aiding and abetting. Rex v. Gordon, 1 Leach, C. C. 515; 1 East, P. C.. 352. An indictment against an accessory to a felony, committed by a person unknown, cannot be supported, if it appears that the principal felon acknowledged his guilt before the grand jury. Rex v. Walker, 3 Camp. 264-Le Blanc. An accessory may controvert the guilt of the principal, notwithstanding the record of his conviction. Rex v. Smith, 1 Leach, C. C. 288. Three persons were charged with a larceny, and two others as accessories, in separately receiving portions of the stolen goods. The indictment also contained two other counts, one of them charging each of the receivers separately with a substantive felony, in separately receiving a portion of the stolen goods. The principals were acquitted :Held, that the receivers might be Thompson. convicted on the two last counts of On an indictment against an ac An averment of the conviction of the principal is supported by the production of the record, however erroneous the judgment may be. -Rex v. Baldwin, 3 Camp, 265 cessory, a confession by the principal is not admissible in evidence to prove the guilt of the principal. Rex v. Turner, 1 M. C. C. 347. "of her father or mother, or of 66 66 any other person having the law"ful care or charge of her, with in"tent to marry or carnally know It must be proved aliunde, espe- "her, or to cause her to be married cially if the principal is alive. Ib. or carnally known by any other A. and B. were indicted for lar-"person, shall be guilty of a felony, eny as principals; A. had been sent" and, being convicted thereof, shall by his master to deliver goods to C." be liable, at the discretion of the He only delivered part, and the rest court, to be kept in penal servwas stolen, and found in the posses- "itude for any term not exceeding sion of B.:-Held, that it was a fourteen years and not less than question for the jury whether B. "five years (27 & 28 Vict. c. 47), was present at the time when A." or to be imprisoned for any term separated the stolen portion from the bulk; for that if he was, both were rightly charged as principals. Rex v. Butteris, 6 C. & P. 147– Gurney. III. ABDUCTION OF WOMEN AND 66 66 1. Women, 31. 4. Evidence, 35. 1. Women. 66 "not exceeding two years, with or "without hard labour; "And whosoever shall be con"victed of any offence against this "section shall be incapable of tak"ing any estate or interest, legal or "equitable, in any real or personal 66 property of such woman, or in "which she shall have any such in"terest, or which shall come to her 66 as such heiress, co-heiress or next "of kin as aforesaid; and if any "such marriage as aforesaid shall "have taken place, such property "shall, upon such conviction, be set"tled in such manner as the Court "of Chancery in England or Ireland "shall upon any information at the "point." (Previous enactment, 9 Geo. 4, c. 31, s. 19.) By 24 & 25 Vict. c. 100, s. 53,"suit of the Attorney-General, ap"where any woman of any age shall "have any interest, whether legal or equitable, present or future, abso- By s. 54, "whosoever shall by "lute, conditional or contingent, in "force take away or detain against any real or personal estate, or "her will any woman, of any age, "shall be a presumptive heiress or "with intent to marry or carnally "co-heiress, or presumptive next of "know her, or to cause her to be "kin, or one of the presumptive next" married or carnally known by any "of kin to any one having such in-"other person, shall be guilty of a "terest, whosoever shall, from mo-"felony, and, being convicted there"tives of lucre, take away or detain" of, shall be liable, at the discretion "such woman against her will, with "of the court, to be kept in penal "intent to marry or carnally know "servitude for any term not exceed"her, or to cause her to be married "ing fourteen years, and not less or carnally known by any other" than five years (27 & 28 Vict. c. "person; "47), or to be imprisoned for any And whosoever shall fraudu-"term not exceeding two years, "lently allure, take away or detain" with or without hard labour." "such woman, being under the age (Former provision, 10 Geo. 4, c. 34 "of twenty-one years, out of the [Irish], s. 22, extended to England.) "possession and against the will By s. 55, "whosoever shall un 66 "lawfully take or cause to be taken | appointed, where she was met by "any unmarried girl, being under "the age of sixteen years, out of the "possession and against the will of "her father or mother, or of any "other person having the lawful care or charge of her, shall be "guilty of a misdemeanor, and, be'ing convicted thereof, shall be liable, at the discretion of the court, "to be imprisoned for any term not exceeding two years, with or with"out hard labour." (Similar to 9 Geo. 4, c. 31, s. 20.) 66 66 By 9 Geo. 4, c. 31, the 3 Edw. 1, c. 13 ; 3 Hen. 7, c. 2; 39 Eliz. c. 9; | 4 & 5 Ph. & M. c. 8; 1 Geo. 4, c. 115, and so much of 6 Ric. 2, st. 1, c. 6, as related to this subject, were repealed. By 24 & 25 Vict. c. 95, the 9 Geo. 4, c. 31, ss. 19 and 20, and 7 Will. 4 & 1 Vict. c. 85, s. 11, are repealed. Semble, that where a man by false and fraudulent representations induced the parents of a girl between ten and eleven years of age to allow him to take her away, such taking away of the girl was an abduction within 9 Geo. 4, c. 31, s. 20. Reg. v. Hopkins, Car. & M. 254 Gurney. A., a girl under sixteen, who was in service, was, as she was returning from an errand, asked by B. if she would go to London, as B's mother wanted a servant, and would give her 57. wages. A. and B. went away together to Bilston, where both were found, and B. apprehended-Held, that this was not such a taking, or causing to be taken, of A., as was sufficient to constitute the offence of abduction under 9 Geo. 4, c. 31, s. 20. Reg. v. Meadows, 1 C. & K. 399; Dears. C. C. 161, n.-Parke. A girl under sixteen having by persuasion been induced by the prisoner to leave her father's house, and go away with him without the consent of the father, left her home alone by a preconcerted arrangement between them, and went to a place the prisoner, and then they went away together some distance, without the intention of returning :Held, first, that there was a taking of the girl out of the father's possession, within 9 Geo. 4, c. 31, s. 20, by the prisoner when he met the girl, and went away with her at the appointed place, as up to that moment she had not absolutely renounced her father's protection. Reg. v. Mankletow or Manktelow, Dears. C. C. 159; 17 Jur. 352; 22 L. J., M. C. 115; 6 Cox, C. C. 133. Held, secondly, such taking need not be by force, actual or constructive, and it is immaterial whether the girl consents or not. 16. The case of Reg. v. Meadows (1 C. & K. 399) explained. Ib. A. went in the night to the house of B., and placed a ladder against a window, and held it for J., the daughter of B., to descend, which she did, and then eloped with A. J. was a girl under sixteen, viz : fifteen years old:-Held, that this was a taking of J. out of the possession of her father within 9 Geo. 4, c. 31, s. 20, although J. had herself proposed to A. to bring the ladder, and to elope with him. Reg. v. Robins, 1. C. & K. 456-Tindal. Held, also, that it was no defence for A. that he did not know that J. was under sixteen, or that, from her appearance, he might have thought she was a greater age. Ib. On an indictment for abduction on 9 Geo. 4, c. 31, s. 19, the jury ought not to convict the prisoner, unless satisfied that he committed the offence from motives of lucre; but evidence of expressions used by him respecting the property of the lady, such as his stating that he had seen the will of one of her relatives (naming him), and that she would have 2207. a year, are important for the consideration of the jury, in coming to a conclusion whether he was actuated by motives |