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ARGUED AND DETERMINED
IN ALL THE COURTS IN ENGLAND AND IRELAND.
EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,
1848 to 1850.
CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.;
Dunn o. The Queen
Reg. v. Hunt
Reg. o. Prestney
Read and others
Roberts and Jackson
Smith and others
Spry and Dore
Taylor and Morrall
Tufts and others
Turner and others
Whitaker and others
White and others
Wolf, Pridmore, and Otley
248 Ryalls v. The Queen
88 Shea o. The Queen
225 Smith v. The Queen
158 Staffordshire Grand Jury
Criminal Law Caseo.
COMMISSION OF OYER AND TERMINER AND GENERAL GAOL DELIVERY FOR THE
CITY OF DUBLIN.
May SESSION, 1848.
THE QUEEN v. JOHN MITCHEL. (a)
Evidence. A prisoner indicted for felony is not entitled to a copy of the indictment
found against him, or to a copy of the jury panel, or to copies of the panels returned at former sessions of the court. The prisoner was indicted in one set of counts for feloniously compassing,
8c., to deprive and depose our Lady the Queen from the style, honour, and royal name of the Imperial crown of the United Kingdom and, on certain days in the indictment named, feloniously expressing said compassings by feloniously publishing certain printings in a certain public newspaper, of which he was then and there the proprietor: and, in another set of counts, with feloniously compassing to levy war against the Queen, in order, by force and constraint, to compel Her Majesty to change her measures and counsels, and with feloniously expressing such last-mentioned compassings by feloniously publishing the same printings, and on the same days and in the same public newspaper as in the first set of counts mentioned. Held, that the two felonies, though distinct, were properly joined in the
indictment. And semble, that the question in such cases is not whether the felonies
charged are distinct—but whether they are repugnant or so dissimilar in their nature and circumstances as, if joined, to be likely to embarrass
the prisoner in his defence. Quære, whether a prisoner indicted
for a felony not capital is not entitled to demur and plead over at the same time.
(a) Reported by W. ST. LEGER BABINGTON, Esq. Barrister-at-Law. VOL. III.