with a certain offensive weapon, to wit, a (c) pistol, which he the said A. B. in his right hand then and there bad and beld, with a felonious intent the monies of the said C. D. from the person and against the will of the said C. D. feloniously and violently (d) to steal, take, and carry away, against the form, &c. and against the peace,

&c.

,

64. For a felonious assault with intent to spoil cloaths, &c. (Commence as in pr. 1.) In a public street and highway there, called in and upon one E. M. spinster, in the said public street and highway, then and there being, wilfully, maliciously, and feloniously did make an assault, with an intent to tear, spoil, cut, and deface the garments and cloaths of her the said E. M. and, with force and arms, did, in the said public street and highway, then and there (e) wilfully, maliciously, and feloniously tear, spoil, cut, and deface one printed linen gown of the value of thirty shillings, of the goods and chattels of the said E. M. being part of the garments and

the postillion, he was acquitted upon the same evidence; since it appeared that the intent was not to rob the postboy, for when he presented the pistol to him, and bade him stop, be made no demand upon him, but went up to the person in the chaise, East. P. C. 418. In the case of Trusty v. Howard, Sess, Pap. 735. the defendants were indicted for a felonious assault with an offensive weapon, with intent to rob; it appeared that one of them, presenting a pistol to the prosecutor, bade him stop, which he did, but called out for assistance; on this, the prisoners threatened to blow his brains out if he called out any more, which he nevertheless con

tinued to do, and the men were taken, and, though no demand of money was made they were convicted and transported.

(c) In Sharwin's case, East. P. C. 421. it was holden that an allegation of an assault with an offensive weapon called a wooden staff, was satisfied by evidence of an assault with a a stone, see p. 85.

(d) In Monteth's case the indictment was holden to be defective for omitting this word. Leach, 890. Sess. Pap. 1300. and 1325. East. P. C. 420. for the indictment must allege an intent to rob, which always includes force and violence.

(e) It must appear that the assault and spoiling were continuous, see p. 55.

cloaths of her the said E. M. on her person then and there being in wear, against the form, &c. and against the peace, &c. (f).

By stat. 6 Geo. 1. c. 23. s. 11. it is enacted, that if any person or persons shail, at any time or times, wilfully and maliciously assault any person or persons, in the public streets or highways, with an intent to tear, spoil, cut, burn, or deface the garments and cloaths of such person or persons, that then all and every such person or persons so offending, being thereof lawfully convicted, shall be adjudged to be guilty of felony, and every such felon shall be subject and liable to like pains and penalties as in cases of felony; and the courts by and before whom he, she, or they shall be tried, shall have full power and authority of transporting such felons for the space of seven years.

65. Indictment for feloniously assaulting a privy counsellor in the execution of his office (g).

(Commencement as in pr. 1.) In and upon the right honourable Sir E. H. knight, one of the privy counsellors of our said lord the king, and in the due execution of his said office in council then and there being, feloniously did make an assault, and him the said Sir E. H. did then and there feloniously strike and wound, against the form, &c, and against the peace, &c.

(ƒ) It has been holden, that to support an indictment under this statute, it must appear that the primary intention of the defendant was to injure the cloaths, and that if his intention was to injure the per son the case is not within the statute, R. v. Williams, Leach, 426.; but qu. as to the principle of this opinion, and see R. v. Coke and Woodburn, 6 St. Tr. 804.

is enacted, that if any person shall attempt to kill, or unlaw fully assault, strike, or wound any of her majesty's privy counsel, in the execution of his office in council, or in any committee of council, being convicted thereof in due form of law, he is thereby declared to be a felon, and shall suffer death, as in cases of felony, without benefit of clergy.

The occasion of the act was

(g) By stat. 9 Ann, c. 16. it this, Robert Harley, esq. (after

66. For challenging to fight, on account (h) of money won at play, under the stat. 9 Ann. c. 14 (i).

(Commencement as in pr. 33.) And then and there unlawfully and maliciously did challenge C. D. a peaceable subject of our said lord the king, to fight with him the said A. B. on account of money then and there won by the said C. D. (k) of him the said A. B. by then and there gaming and playing at dice with the said A. B. at a certain game called hazard (1), to the great damage of the said C. D. against the form of the statute, &c. and against the peace, &c. (2nd count, commencement as in pr. 33.) And then and there unlawfully and maliciously did provoke C. D. to fight with him the said A. B.

wards Earl of Oxford) was stabbed by Anthony Guiscard, who was then under examination before a committee of the privy counsel.

h) The prosecutor lost his money to Randall and others, the defendants; they proposed to depart; he objected, wishing to have an opportunity of recovering his money, upon which they committed the assault. Buller, J. was of opinion, that the game being over before the assault began, it could not be said to have arisen out of the gaine, but from what the prosecutor had said to the defendants; and that it was necessary, in order to bring a case within the statute, that the assault should arise out of the play and during the time of playing. East. P. C. 423. Brist. Summ. Ass. 1787.

(i) Which enacts, that if any person or persons whatsoever, shall assault and beat, or challenge or provoke to fight, any other person or persons whatsoever, upon account of any

money won by gaming, playing, or betting at any of the games aforesaid, (viz. cards, dice, tennis, bowls, tables, or other game or games whatsoever,) such person or persons, &c. shall, being thereof lawfully convicted upon an indictment or information to be exhibited against him for that purpose, forfeit to her majesty, &c. all his goods and chattels and personal estate whatsoever, and shall also suffer imprisonment, without bail or mainprize, in the common gaol of the county where such conviction shall be had, during the term of two years.

(k) In order to support the indictment it does not appear to be necessary that the money should have been won by the prosecutor, or that it should be alleged by whom the money

was won.

(1) The game seems to be immaterial, therefore this allegation had better be omitted.

on account of money then and there won by the said C. D. from the said A. B. by gaming and piaying at dice, to the great damage, &c. against the form, &c. and against the peace, &c.

Indictment for the same, alleging an assault and beating.

(Commencement as in pr. 33.) And then and there did beat the said C. D. on account of money then and there won by the said C. D. from him the said A. B. by then and there gaming and playing at dice, to the great damage, &c. (conclude as in the last precedent.)

67. For an assault, against the stat. 36 G. 3. c. 9 (m).

(Commencement as in pr. 1.) In and upon one E. F. did wilfully and maliciously make an assault, and him the said E. F. did then and there wilfully and maliCiously beat, with intent to deter and hinder him the said E. F. from then and there buying corn, at the parish aforesaid in the county aforesaid. (Conclude as before.)

68. For an assault, &c. with intent to stop grain, &c.

In and upon one E. F. who was then and there driving a certain cart loaded with wheat, unlawfully and maliciously did make an assault, and him the said E. F. did then and there unlawfully and maliciously beat, with intent to stop such wheat. (Conclusion as before, and add a count for a common assault.)

(m) If any person shall wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons, with intent to deter him or then from buying of corn or grain in any market or other place within this kingdom, or unlawfully beat wound the driver of any waggon, cart, or other carriage or horse loaded with wheat, flour,me. 1, malt, or other grain, with intent to stop such wheat, &c. such person, being thereof

or

lawfully convicted before any two or more justices of the peace of the county, &c. or before the justices of the peace in open sessions, shall be sent to the common gaol or house of correction, there to continue and be kept to hard labour, not less than one nor exceeding three months.

A person so offending a second time, and being lawfully convicted, to be deemed guilty of felony, and to be transported for fourteen years.

69. Indictment for ravishing a woman.

(Commencement as in pr. 1.) In and upon one A. P. spinster, in the peace of God and our said lord the king then and there being, violently and feloniously did make an assault, and her the said A. P. against the will (n) of her the said A. P. then and there feloniously did ravish (0), and carually know (p), against the form (q) of the statute, &c. and against the peace, &c.

70. Indictment for carnally knowing and abusing a female child under the age of ten years (r).

(Commencement as in pr. 1.) In and upon one E. F.