Ib.

An indictment, alleging that the defendant "did unlawfully obtain from the said C. C. a cheque for the sum of 87. 148. 6d. of the monies of the said W. W.," is a sufficient allegation of the ownership of the cheque. Reg. v. Godfrey, Dears. & B. C. C. 426; 4 Jur., N. S. 146; 27 L. J., M. C. 151.

An indictment charging D. L. as a receiver of stolen goods, "he, the said A. B., well knowing them to have been feloniously stolen," is, in arrest of judgment, a bad indictment, and is not capable of being amended. Reg. v. Larkin, 2 C. L. R. 775; Dears. C. C. 365; 6 Cox, C. C. 377; 18 Jur. 539; 23 L. J., M. C. 125.

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A. was charged in one count with stealing goods, and in a second count with receiving the same goods so as aforesaid feloniously stolen." He was convicted on the second count :-Held, that the conviction was good. Reg. v. Huntley, Bell, C. C. 238; 8 Cox, C. C. 260; 6 Jur., N. S. 80; 29 L. J., M. C. 170; 8 W. R. 183; 1 L. T., N. S. 384.

489.

But an indictment against him as a person to the jurors unknown, without something to ascertain whom the grand jury meant to designate, is insufficient. Ib.

An indictment against A. by the addition of " servant" was ill. Rex v. Checketts, 6 M. & S. 88.

A woman charged with the murder of her husband was described as " A., the wife of J. O., late of the parish of S., in the county of W., labourer." The judge ordered this to be amended by striking out the word "wife" and inserting the word "widow." Reg. v. Orchard, 8 C. & P. 565-Abinger.

The prosecutor was termed in the indictment J. N. B. esquire: it was proved that his name was J. N. B., but no evidence was given that he was an esquire:-Held, that the court would take notice that esquire was an addition, and not part of the name, and that it was immaterial that such addition should be proved as laid. Reg. v. Keys, 2 Cox, C. C. 225-Wilde.

FISH. DIG.-37.

Where dates in an indictment are laid under a videlicet, the videlicet may be rejected after verdict in order to support the indictment. Ryalls v. Reg. (in error), 11 Q. B. 781; 13 Jur. 259; 18 L. J., M. C. 69-Exch. Cham.

After verdict, to support an indictment, and to shew that the provisions of a statute have been complied with, dates laid under a videlicet will be taken to be true. Reg. v. Scott, 25 L. J., M. C. 128; Dears. & B. C. C. 47; 2 Jur., N. S. 1096. In an indictment for assault and battery, the only allegation of the year in which the offence was committed was "in the tenth year of our Sovereign Lady Queen Victoria" :-Held, that by 7 Geo. 4, c. 64, s. 20, this was no ground of error. Broome v. Reg. (in error), 12 Q. B. 834; 12 Jur. 538; 17 L. J., M. C. 152-Exch. Cham.

The objection that an offence was laid in an indictment to have been committed on a day which had not yet arrived, could only be taken advantage of on demurrer, and could not be taken after a plea of not guilty. Reg. v. Fenwick, 2 C. & K. 915; 4 Cox, C. C. 139Cresswell.

was no such place in the county could only be taken advantage of by plea in abatement. Rex v. Woodward, 1 M. C. C. 323.

In an indictment, alleging a dwelling-house to be" situate at the parish aforesaid," the parish last mentioned must be intended. Rex v. Richards, 1 M. & Rob. 177— Park.

A house is properly described as in the parish of Birmingham, although for certain ecclesiastical purposes that parish is divided into three divisions, each called a parish. Reg. v. Howell, 9 C. & P. 437— Littledale.

Where time and place are material, the time and place stated will be taken to be the true time and place. Rex v. Napper, 1 M. C. C. 44; S. P., Rex v. Brown, M. & M. 163.

Where a statute makes an offence committed after a given day triable in the county where the party is apprehended, and authorizes laying it as if committed in that county, and does not vary the nature and character of the offence, it is no objection that the day laid in the indictment is before the day the statute mentions, if the offence was in fact committed after that day. Treharne, 1 M. C. C. 298.

Rex v.

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Words of reference, as "there and " said," in an indictment, will not be referred to the last antecedent, where the sense requires that they should be referred to prior antecedent. Wright v. Rex (in error), 3 N. & M. 892.

some

Patteson.

It was no objection on the plea of not guilty that there was no such place in the county as that in which the offence was stated to have been committed, and the fact that there

A prosecutor may be described by a name he has assumed, although

it is not his right name, if he has been known by that name for several previous years. Rex v. Norton, R. & R. C. Č. 510.

It is sufficient to describe a prosecutor by the name by which he is commonly and best known. Reg. v. Gregory, 2 New Sess. Cas. 229; 8 Q. B. 508; 10 Jur. 387; 15 L. J., M. C. 38.

A foreigner residing in this country, whose name was Charles Frederick Augustus William D'Este, and who was commonly called the Duke of Brunswick and Luneberg, though not de facto the reigning duke, was sufficiently described as Charles Frederick Augustus William, Duke of Brunswick and Luneberg. Ib.

The question, whether the name of a prosecutor, as set forth in an indictment, and the name as it appears in evidence, are idem sonans, is a matter of fact which is for the jury; and where it is reserved as a question of law, the court cannot say that words spelt differently are the same in sound. Reg. v. Davies, 2 Den. C. C. 231; T. & M. 557; 15 Jur. 546; 20 L. J., M. C. 207. The prisoners were indicted for stealing certain articles from Richard Henry John Beaumont McCumming; there was evidence of the prosecutor's surname being McCumming, but there was no evidence what his christian names were:-Held, that the indictment was not sustainable. Reg. v. Dent, 2 Cox, C. C. 354.

The only evidence of the christian name of the prosecutor was that of a witness who had seen him sign an information, not in the presence of the prisoners, and also the depositions when before the magistrates, in the presence of the prisoners. The witness knew nothing of the prosecutor's christian name except from having seen him sign his name on those two occasions:Held, that the witness's evidence was admissible to prove the fact of

the prosecutor's name. Reg. v. Toole, Dears. & B. C. C. 194; 3 Jur., N. S. 420; 26 L. J., M. C. 79. Property stolen described in an indictment as belonging to J. H. S., whereas, in fact, the name was H. J. S., is improperly described. Reg. v. James, 2 Cox, C. C. 227.

A count in an indictment charged that defendant made an assault upon one "Henry B.," "and him, the said William B., did beat, and other wrongs to the said William B.," did, to the "damage of the said William B." On motion in arrest of judgment, held sufficient. Reg. v. Crespin, 11 Q. B. 913.

If the name of the party killed is not known, he may be stated to be a certain person to the jurors unknown." Rex v. Clark, R. & R. C. C. 358.

The name of John M'Nicoll, signed to a forged instrument, was in the setting out of the forged instrument in the indictment written John M'Nicole :-Held, no variance. Reg. v. Wilson, 2 C. & K. 527; 1 Den. C. C. 284; 17 L. J., M. C. 82; 2 Cox, C. C.426.

A child "not named " is a proper description in an indictment for illtreatment of a child that has not acquired one by baptism or usage. Reg. v. Waters, 2 C. & K. 864; T. & M. 57; 1 Den. C. C. 356; 13 Jur. 130; 18 L. J., M. C. 50.

But "not baptized" would be insufficient. Ib.

Bastards.]-A bastard must not be described by his mother's name till he has acquired that name by reputation. Rex v. Clark, R. & R. C. C. 358.

The deceased was an illegitimate child twelve days old, and it was not even suggested that it had been baptized, but the prisoner, its mother, had said that she should like to have the child named Mary Anne, and on two occasions afterwards called the child Mary Anne, and on another occasion, Little

Mary. The prisoner's master, who was the father of the child, had stated to one of the witnesses for the prosecution that he was a Baptist. The indictment alleged the child to be "a certain female child, whose name to the jurors was unknown." The prisoner was convicted, and the judges held the conviction to be right. Rex v. Smith, 6 C. & P. 151; 1 M. C. C. 402.

An indictment charged the murder of Eliza Waters. The deceased was the illegitimate child of the prisoner, whose name was Ellen Waters; and a witness said on the trial "The child was called Eliza; I took it to be baptized, and said it was Eleanor Waters' child:-Held, that it was not sufficient proof that the surname of the deceased was Waters. Rex v. Waters, 7 C. & P. 250; 1 M. C. C. 457.

Peers.]-A peer of Ireland cannot sue or prosecute by his name of dignity, but must be described by his proper name, with the addition of his degree and title. Rex v. Graham, 2 Leach, C. C. 547.

An indictment for manslaughter described the deceased, who was a peer of Ireland, as "H. S., Baron M. of C., in the county of R., in that part of the united kingdom called Ireland." It was proved that H. was his christian name, S. his family surname, and Baron M., &c., his title -Held, no variance, and that the court was not bound to construe H. S. to be one christian

name.

416.

In an indictment for stealing the goods of a peer, it is necessary to describe him by his christian name and title:-describing him by the latter only, as the Earl Cornwallis, is insufficient. Reg. v. Caley, 5 Jur. 709-Taddy, Serjt.

A. and B. were tried on an indictment charging them with having assaulted the gamekeeper of George William Frederick Charles, Duke of Cambridge. At the trial, none of the witnesses could prove the christian names of the duke, but there was evidence that George William were two of his names, and that it was believed there were others :-Held, that the court was not bound, and was perfectly right in refusing to amend the indictment, by striking out the names of Frederick Charles; and that as there was no amendment, and no evidence of the duke's christian names, A. and B. were entitled to an acquittal. Reg. v. Frost, Dears. C. C. 474; 3 C. L. R. 665; 1 Jur., N. S. 406; 24 L. J., M. C. 116.

Held, also, that the indictment might have been amended before verdict, by striking out all the christian names, and leaving the descriptive appellation, Duke of Cambridge, which would have been a sufficient description. Ib.

Corporations.]-A corporation must prosecute in its corporate name. Rex v. Patrick, 1 Leach, C. C. 253.

strument.

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By s. 18," in every indictment in "which it shall be necessary to "make any averment as to any "money, or any note of the Bank "of England, or any other bank, it "shall be sufficient to describe such money, or bank note, simply as money, without specifying any particular coin or bank note; and "such allegation, so far as regards "the description of the property, "shall be sustained by proof of any "amount of coin or of any bank note, although the particular spe"cies of coin of which such amount was composed, or of the particular nature of the bank note, shall not be proved; and in cases of "embezzlement and obtaining money or bank notes by false pretences, by proof that the offender "embezzled or obtained any piece "of coin, or any bank note, or any portion of the value thereof, although such piece of coin or bank note may have been delivered to "him in order that some part of the "value thereof should be returned "to the party delivering the same, or to any other person, and such part shall have been returned ac"cordingly."

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In an indictment for receiving stolen tin, ingots of tin are properly described as so many pounds weight of tin. Reg. v. Mansfield, Car. & M. 140-Coleridge.

a bar of iron as so many pounds weight of iron. Ib.

But if an article has obtained, in common parlance, a particular name of its own, it would be wrong to describe it by the name of the material of which it is composed; thus, it would be a misdescription to describe cloth as so many pounds weight of wool, or sovereigns as so many ounces of gold. Ib.

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Substances mechanically mixed should not be described as a certain mixture consisting of, &c.," but by the names applicable to them before such mixture. Secus, with regard to substances chemically mixed. Reg. v. Bond, 1 Den. C. Č. 517-Alderson.

Bank notes are properly described in an indictment for larceny as money, although at the time they were stolen they were not in circulation, but were in the hands of the bankers themselves. Reg. v. West, 2 Jur., N. S. 1123; 26 L. J., M. C. 6; Dears. & B. C. C. 109.

Instruments need not be set out in an indictment, except where it is material for the court to see that they fall within a particular description. That is not the case where a false pretence is charged. Reg. v. Coulson, T. & M. 332; 1 Den. C. C. 592; 14 Jur. 557; 19 L. J., M. C. 182.

An indictment for burglary charged an intent to steal goods and chattels. The jury found that the prisoner broke into the house with intent to steal certain mortgage deeds. The mortgage deeds were valid subsisting securities for money which the prosecutor had advanced to the prisoner:-Held, that they could not properly be described as goods and chattels, and that the indictment was not proved. Reg. v. Powell, 5 Cox, C. C. 396; 2 Den. C. C. 403; 21 L. J., M. C. 78.

(q) Value.