and five linen shirts, of the goods and chattels of the said C. D.,] against the peace of our Lady the Queen, her crown and dignity. See as to punishment, supra. The arraignment, &c., must be as in the last case. See ante, p.625. Evidence. To maintain this indictment, the prosecutor must prove 1. The larceny, as ante, pp. 369, 371. 2. The former convictions, by producing certified copies, or producing and proving examined copies, as above mentioned, and proof of identity as in the last case. CHAPTER VI. Attempts to commit Offences. A Attempt to commit felony or misdemeanor.] By stat 14 & 15 Vict. c. 100, s. 9, reciting that offenders often escape conviction by reason that such persons ought to have been charged with attempting to commit offences, and not with the actual commission thereof: for remedy thereof it is enacted, "that if on the trial of any person charged with any felony or misdemeanor, it shall appear to the jury upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to commit the same, such person shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same; and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit the particular felony or misdemeanor charged in the said indictment; and no person so tried as herein lastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was so tried. If however the party be indicted for the attempt, the indictment may readily be framed, by stating that " A. B. unlawfully did attempt and endeavour to [stating the offence], by [stating what he did]; or where the offence consists of several parts, and was complete, excepting a certain part of it, the indictment may be framed as the form, ante, p. 472, for attempting to obtain money by false pretences. An attempt to commit a felony, when not otherwise punishable by statute, is punishable with fine,— —or imprisonment [with or without hard labour, 3 G. 4, c. 114], or both. Costs, see ante, p. 187. An attempt to commit a misdemeanor, when not otherwise punishable by statate, is punishable with fine, or imprisonment, or both. See as to an attempt to administer poison, ante, p. 258;— to murder, ante, pp. 259, 269, 270, 272;-to drown, 276; -to suffocate, 277;--to strangle, 277;to commit a rape, 308; -to commit an unnatural offence, 310. Attempt to set fire to buildings, ships, mines, stacks, &c.] By stat. 8 & 9 Vict. c. 25, s. 7, "whosoever shall unlawfully and maliciously by any overt act, attempt to set fire to any building, vessel, or mine, or to any stack or steer, or to any vegetable produce, of such kind and with such intent, that if the offence were complete, the offender would be guilty of felony, and liable to be transported beyond the seas for the term of his natural life,-shall, although such building, vessel, mine, stack, steer, or vegetable produce be not actually set on fire, be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fifteen years, or be imprisoned [with or without hard labour, and solitary for not more than one month at a time, or three months in a year, 8. 11] for not more than two years; and if a male under eighteen, he may be publicly or privately whipped not exceeding thrice. Id. 8. 9. Assault with intent to rob.] By stat. 14 & 15 Viet. c. 100, s. 11, "if upon the trial of any person, upon any indictment for robbery, it shall appear to the jury upon the evidence, that the defendant did not commit the crime of robbery, but that he did commit an assault with intent to rob, the defendant shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is guilty of an assault with intent to rob; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob; and no person so tried as is herein lastly mentioned shall be liable to be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried." Or the defendant may be indicted for the assault. See the form of the indictment, the evidence, and the punishment, ante, pp. 425, 426. Adult with intent to commit other felony.] An assault with intent to commit a felony, where it is not otherwise specially punishable by statute, is, by stat. 9 G. 4, c. 31, s. 25, punishable with imprisonment, with or without hard labour, for not more than two years, and the court may also, if it think fit, fine the offender, and require him to find sureties for keeping the peace. As to the form of an indictment for such an assault, see ante, R. 285, from which an indictment in any case may be readily framed. Formerly, by stat. 1. Vict. c. 85, s. 11, on the trial of any person for any of the offences therein mentioned (see ante, pp. 259, 262, 269, 270, 272-280), or for any other felony which should include an assault against the person, the jury might acquit of the felony, and find a verdict of guilty as to the assault. But this is now repealed by stat. 14 & 15 Vict. c. 100, s. 10, and the more general provision already mentioned, ante, p. 628, introduced, allowing the jury, upon all indictments for felony or misdemeanor, to acquit of the offence, and find the party guilty of an attempt to commit it. As to soliciting or inciting others to commit offences, which are not afterwards committed, see ante, p. 19. Abatement, pleas in, 110; misnomer or want of addition, not Abatement of nuisance, 205. Abduction of a girl, against her will, from the motive of lucre, Abduction of a girl under sixteen years of age, 302; indict- Abortion, administering drugs, &c., to procure, 295; indict- Abroad, offences committed, warrant to apprehend offender, Absence of husband or wife for seven years, where a defence Accessory before the fact, 14; who and in what cases, 14, 10, Accessory before the fact in murder, 253; in murder abroad, Accessory after the fact, 17; who and in what cases, 17; a Accessory after the fact in murder, 254; in manslaughter, Accessories, several, how indicted, 17. 97. Accessory may controvert the guilt of the principal, 19. 123. Accusing or threatening to accuse of crime, with intent to ex- Acquittal, former, in what cases pleadable to an indictment Acquittal on account of insanity, 5. Acts of parliament, in what cases and how proved, 141. Adhering to the Queen's enemies, treason, 567. Adjournment of trial, in what cases, 170. Adjournment of examination before a magistrate, 44. Administering drugs, &c., to procure abortion, 295; indict- Administering poison, 255; indictment, 255; evidence, 256; Admiral, jurisdiction of, 67; what offences within it, 67; Admission of inhabitant of parish, &c, when evidence, 125. Adulterer, in what cases punishable for stealing goods of the Affidavit, stealing, obliterating, or destroying, &e,, 397; in- Affidavit, perjury assigned on, 593; evidence, 603. Affirmation of Quakers, 150; of Moravians, 150; of Separa Affray, who may interfere to prevent, 21. 27; must give no- Agents selling or converting goods entrusted to them for safe Agent, pledging the goods of his principal, 460; indictment, Agent, innocent, committing offences by means of, makes the |