Notes will be found to each section that seemed to call for remark, and Precedents of Indictments, remodelled according to the statutes, have been added in an Appendix. TEMPLE, August, 1851. CONTENTS. OBSERVATIONS ON THE LAW OF CRIMINAL PLEADING. Objects of the Law in requiring a written Accusation STATUTES. 1. The Court may amend certain variances not material to the merits of the case, and by which the defendant cannot be pre- judiced in his defence, and may either proceed with or post- pone the trial to be had before the same or another jury 2. Verdicts and judgments valid after amendments 3. Records to be drawn up in amended form without noticing the .. 22 4. The means by which the injury was inflicted need not be speci- fied in the indictments for Murder and Manslaughter 5. Description of instrument in cases of Forgery and Uttering, 9. A party indicted for Felony or Misdemeanor may be found guilty of an attempt to commit the same, and to be liable to the same consequences as if charged with and convicted of 10. Repeal of 11th sect. of 7 Will. 4 & 1 Vict. c. 85.. 11. On the trial of an Indictment for Robbery, the jury may convict of Assault with intent to rob. No person so tried to be after- 12. Persons tried for Misdemeanor not to be acquitted if the offence 28 13. Persons indicted for Embezzlement as Clerk, &c. not to be 31 SECT. 15. Separate Accessaries and Receivers may be included in the same Indictment in the absence of the principal felon 16. Three Larcenies from the same person within six months may be included in the same Indictment 17. Where a single taking in Larceny is charged, the Prosecutor not to be put to elect, unless it appear that there were more than three takings, or more than six months between the first and last taking 18. Coin and Bank Notes to be described simply as Money PAGE 20. Extending the 23 Geo. 2, c. 11, s. 1, to other Offences, and sim- 22. On Trials for Perjury and Subornation, a Certificate of the Trial 23. Venue in the margin sufficient, except where local description necessary. 24. What defects shall not vitiate an Indictment.. 25. Formal objections to Indictments shall be taken before jury are sworn, and not afterwards. Court may amend any formal defect 26. Repealing part of 60 Geo. 3 & 1 Geo. 4, c. 4, as to the Traverse of Indictments in cases of Misdemeanor 27. No person entitled to traverse. Provision as to adjournment of 28. Provision as to plea of Autrefois convict or Autrefois acquit 29. Punishment for certain indictable Misdemeanors.. 30. Interpretation of Terms 31. Commencement of Act (1st Sept. 1851) 32. Not to extend to Scotland 31 31 . 32 33 34 SECT. 14 & 15 VICT. CAP. 19. An Act for the better Prevention of Offences. 1. Any person found by night armed, &c. with intent to break into any house and commit any Felony therein, or having in his possession, without lawful excuse, any implements of housebreaking, or having his face disguised, or being found by night in any house with intent to commit any Felony therein, shall be guilty of a Misdemeanor, and be liable to be im. prisoned, with or without hard labour.. 2. Any person convicted of such Misdemeanor, after a previous conviction either for Felony or such Misdemeanor as aforesaid, liable to be transported 3. Persons using Chloroform, &c. in order to commit Felony, guilty of Felony.. PAGE 44 45 46 47 4. Persons inflicting grievous bodily harm guilty of a Misdemeanor, and liable to three years imprisonment 5. On the trial of any Indictment for feloniously cutting, &c., the, jury may acquit of the Felony and convict of Unlawfully Cutting, &c. .. 6. Persons wilfully placing Wood, &c. on Railways, taking up Rails, &c., turning Machinery or showing Signals, &c. with intent to commit Injuries to Railway, or to endanger the safety of persons, guilty of Felony. 7. If any person shall cast any Wood, &c. upon any Railway Carriage with intent to endanger the safety of any person therein, such person to be guilty of Felony, &c. 8. Any person wilfully setting fire to any Railway Station, &c. 9. Upon the trial of persons for subsequent Offences under the 12 & 13 Vict. c. 11, and this Act, the previous conviction not to be stated to the jury or given in evidence until after a verdict of guilty of the subsequent Offence, unless the defendant gives evidence of good character 10. Any persons may apprehend persons committing Offences |