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REPORTS OF CASES

IN

CRIMINAL LAW,

ARGUED AND DETERMINED

IN ALL THE COURTS IN ENGLAND AND IRELAND.

EDITED BY

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

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

STRAND.

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REPORTERS. CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.; CENTRAL CRIMINAL COURT, by B. C. ROBINSON, Esq. ; NORTHERN CIRCUIT, by J. STAMFORD RAFFLES, 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 P. J. M'KENNA, Esq.;

Barristers-at-Law.

REPORTED IN THIS VOLUME,

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PAGE

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Dawson ...

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222

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Reg. v. Amos

Attwood
Baldry
Barnes
Baroisse and another
Baxter
Beecham
Bennett...
Bird et Uxor
Blakemore
Boulter ...
Boyd
Brumby...
Burt and others
Charlesworth
Cheafor...
Child
Clark
Clay and another
Clements
Copeland
Cottle and another
Courtenay
Cunningham

...

Reg. v. Dale

171 Davis

237, 328

220 Deane

501 Duffield and others 286, 404 Dunne

507 Dunning and another ...

112 Fogarty ...

161 Ford and others

184 Gardner..,

110 Garland ...

165 Greenwood

521 Haines

114 Hallett

238 Harrington

231 Harris

151 Hewitt and others

162 Hill

233 Hogan

255 Hoy and Larkin

288 Inhabitants of Waverton

400 Johnson and Wright ... 372 Johnston

133 Jones

226 Jones and Stone

156 Kealey

193 Key; Reg. v. Shuttleworth 369 Loveday...

334 Mabbett and another

339 Macklin...

216 Maginniss

511 Martin

356 Mattheson and Potts

276 May and Darling

176 McDonnell

153 McGovern

506 Medland

292

322 523 112 559 302 181

207 1, 11, 20

513 543 502 315 284 174 367 197

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230 ... 146

191 299 157 218 301

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iv

INDEX TO CASES.

PAGE

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Reg. v. Middleship

Mitchell and others
Mooney ...
Moore
Morris
Morrissy
Murdock
Murray ...
Newman
Oddy
O'Dogherty
Oldham ...
Palmer
Perkins ...
Philpots
Philpotts
Pocock and others
Porter
Potter
Powell
Poyser
Preston ...
Price
Reid and others
Robinson
Rogers ...

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499 2995 243 387 533 324 279 138 166 188 298 379 537 320 500 115 154 562 144 290 346 326 382 296

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REPORTS

OF

Criminal Law Cases.

WESTERN CIRCUIT.

DEVONSHIRE SPRING ASSIZES, 1850.

(Before Mr. JUSTICE TALFOURD.)

Reg. v. BIRD ET Uxor. (a)

Murder— Evidence-Joint assault.
Prisoners were indicted for the murder of their servant girl by, inter alia,

a series of beatings.
The evidence proved a series of beatings within the time charged in the

indictment, but it was distinctly proved by the surgeon, that these beatings
did not produce or even conduce to her death. The cause of death was
proved to be by two blows upon the head, but there was no evidence to
show how or by whom they were inflicted, or by which of the prisoners,
or by both of them.
Held, that in the absence of any such proof, there was no case for the jury

of murder by the said blows in the head, and an acquittal was directed.
R
OWE, Q. C., and Karslake, were for the prosecution. Slade

and E. W. Cox, for the prisoners.
The prisoners were indicted for the wilful murder of Mary Ann
Parsons.

The following is a copy of the indictment:-(6) DEVONSHIRE, The jurors for our Lady the Queen, upon their Indictment.

, to wit. s oath present, that Robert Courtice Bird, late of the parish of Buckland Brewer, in the county of Devon, labourer, and Sarah, the wife of the said Robert Courtice Bird, late of the same parish, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 5th day of November, in the year of our Lord 1849, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one Mary Ann Parsons, in the peace of God and our said Lady the Queen then and there being, unlawfully,

(a) Reported by E. W. Cox, Esq., Barrister-at-Law.

(b) I have deemed it best to give the Indictment in full, as repeated reference was made to it in the course of the arguments.

VOL. V.

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