If a man be attainted for treason, or felony, he cannot afterwards, whilst the attainder remains in force, be indicted for another felony, whether such other felony were committed before, or after his attainder.

A pardon may be pleaded in bar to an indictment; or after verdict in arrest of judgment; or after judgment in bar of execution. But it must be observed, that it is necessary to plead it the first opportunity the prisoner may have of so doing; for if, for instance, he have obtained a pardon before arraignment, and instead of pleading it in bar, he plead the general issue (Not guilty) he shall be deemed to have waived the benefit of it, and cannot afterwards avail himself of it in arrest of judgment.*

LARCENY.

Larceny is either Simple, or Compound.

Simple Larceny is the felonious and fraudulent taking, and carrying away, the personal goods of another, but not from the person, or out of his house.

Mixed, or Compound Larceny, is a larceny from the person, or from a house; or such other aggravation of larceny as may involve a higher degree of punishment than that prescribed for simple larceny.

Larceny from the person is either by open and violent assault, which is usually called Robbery, or it is by privately stealing.*

Every person convicted of Simple Larceny, or of any felony made punishable like simple larceny, is (except in the cases specially provided for) liable to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly, or privately whipped (if the court shall so think fit) in addition to such punishment.

It is not lawful for any court to direct that any offender shall be kept in solitary confinement for any longer period than one month at a time, or than three months in the space of one year.

Crimes.

Breaking, &c., a building

Punishment.

within the curtilage, and occupied therewith, but not being part thereof, (that is, not communicating immediately, or by means of a covered and enclosed passage leading from the one to the other), and stealing therein.

Breaking, &c., and steal

ing in a shop.

Stealing from vessels, or

Felony. Transportation from 10 to 15 years, or imprisonment, not exceeding 3 years.

docks.

ROBBERY.

Robbery consists in the felonious, and forcible taking from the person of another, or in his presence against his will, of any property to any value, by violence, or putting him in fear; or by threatening to accuse of the abominable, or unnatural crime.*

For this, and similar cases of punishment (Death), vide last Clause but one of 102 Article of War, which states, "that in all cases where a Court Martial shall have convicted any soldier of any offence punishable with Death, it shall be lawful for such Court Martial, instead of sentencing the offender to Death, to adjudge him to be transported as a felon for life, or for a certain term of years."