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IN

CRIMINAL LAW,

ARGUED AND DETERMINED

IN ALL THE COURTS IN ENGLAND AND IRELAND.

EDITED BY

EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,

Barrister-at-Law.

VOL. III.

1848 to 1850.

LONDON:
JOHN CROCKFORD, LAW TIMES OFFICE, 29, ESSEX STREET,

STRAND.

REPORTERS.

CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.;
CENTRAL CRIMINAL COURT, by B. C. ROBINSON, ESQ.;
NORTHERN CIRCUIT, by T. CAMPBELL FOSTER, Esq.;
OXFORD CIRCUIT, by J. E. Davis, Esq.;
HOME CIRCUIT, by Paul PARNELL, Esq.;
NORFOLK CIRCUIT, by John B. DASENT, Esq.;
WESTERN CIRCUIT, by EDWARD W. Cox, Esq.;
MIDLAND CIRCUIT, by Adam BITTLESTON, Esq.;
SOUTH WALES CIRCUIT, by DANIEL T. EVANS, Esq.;
NORTH WALES CIRCUIT, by ÆNEAS J. M'INTYRE, Esq.;
IRELAND, by W. St. LEGER BABINGTON, Esq.,

Barristers-at-Law.

ang

PAGE

PAGE
505

90

460

266

74

72

288

443

221

187

84

573
160

304

67

442

279
300

Reg. v. Hunt

215

Reg. o. Prestney
Hyde

Radley
Illidge

552

Read and others
Inhabitants of the Tithing of

Roberts and Jackson
East Mark

60

Scarborough
Inhabitants of Fifehead

59

Sharpe..
Jeffries and Bryant

85

Smith and others
Jones

441

Spry and Dore
Kelly and Maloney

75

Steer
Kimber

223

Taylor and Morrall
Lacey, Cuffey, and Fay

517

Thristle ..
Langbridge

465

Tufts and others
Lee

80

Turner and others
Leonard

284

Wallis
Longbottom and another

439

Waltham
Malpas

482

Ward
Marsh and another

570

Waters
Martin

447

Webb
Martin and Butt

Whitaker and others
Masters ..

178

White and others
M'Clarens and others

425

Whitehouse
Meal

70

Willmett
Metcalfe and Slater

220

Wolf, Pridmore, and Otley
Millen and another

507

Wood
Mitchell ..

1, 93

Worley
Mullens

526

Wynn
Newton

489

York
Orchard and Thurtle

248 Ryalls v. The Queen
Pargeter ..

191
Parker

299

S.
Pascoe
Phillips

88 Shea o. The Queen
Phillips and others

225 Smith v. The Queen
Prender.

158 Staffordshire Grand Jury

183

56

50

79
86

281

578
277, 453

535
271

181

36, 254

462

141

586

433

REPORTS

OF

Criminal Law Caseo.

Cases

COMMISSION OF OYER AND TERMINER AND GENERAL GAOL DELIVERY FOR THE

CITY OF DUBLIN.

May SESSION, 1848.
May 22nd, 23rd, 25th, 26th, and 27th.
(Before LEFROY, B., and MOORE, J.)

THE QUEEN v. JOHN MITCHEL. (a)
Crown and Government Securities Act-Copy of indictmentDistinct
felonies-Demurrer-Postponement of trial-Challenge to the array
-Jury list - Practice Pleading Jury-Absence of a witness-

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 distinctbut 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.

B

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