more correct, Hungerford's case, 3 For in BURGLARY, the prisoner may ..360 ......... 5 On an indictment for petty treason and murder the prisoner may be found guilty of the MURDER, and 4 acquitted of the TREASON, although both the charges be blended and combined in one count, Radbourne's ........457 case 6 A special verdict in murder must find that the fact was committed in the same county as that which is laid in the indictment, Hazel's case, 382 7 A special verdict in murder may be amended by the minutes taken at the trial, Hazel's case............383 VILLIEN. 1 By the ancient law, a villien on being manumitted, was compelled to perform every condition annexed to the manumission, or the manumission became void..................393 UTTERING. I If a forged note be delivered by A. to B. for the purpose of being put off, both parties knowing it to be forged, such a delivery is a disposing of and putting away a forged note within 15 Geo. II. c. 13. s. 11. although A. was not present when B. endeavoured to pass it to another person, Palmer and Hudson's case, 978 So under the 48 Geo. III. c. 89. if known circulators of forged notes sell them at an under price to persons who at the time knew them to be forged, but who buy them for the purpose of detecting and punishing the offenders, yet this is a disposing of and putting them away within the statute, Holden's case, 1019 To prove the guilty knowledge of an utterer of a forged Bank-note, evidence may be given of his having previously uttered other forged notes, knowing them to be forged, Whiley's case....... ..983 The Jury therefore, in such case, may, from the conduct of the prisoner on one occasion, infer his knowledge on another; but the more detached the previous utterings are in point of time, the less relation they will bear to the particular uttering stated in the indictment, Tattersall's case......... ........985 5 So utterings of other notes of the like kind with the forged note, and notes indorsed by the prisoner, and paper and implements for forging notes, may, by shewing his possession of them, be given in evidence, to prove that he knew the note to be forged at the time he uttered it, Ball's case...... ........987 6 So also other acts connected, though distantly, with the charge, may be proved to shew quo animo the offence was committed, Roberts's case, 987, notis. 8 But a guilty uttering cannot be inferred from merely finding a forged note at the prisoner's lodgings, during his absence, Crocker's case...987 9 For the evidence of the intent to defraud must arise from the proof of some act done denoting such intention, ibid............ .........992 10 There are no accessaries after the fact in uttering a forged instrument, therefore if three persons make a forged instrument, and only one of them utter it, he only is guilty of the offence, Brighton's case, 1096, notis. 11 So if two persons go in concert to utter a forged note on a banker, and one of them only go into the shop, while the other remains at some little distance in the street, it is onlythe actual utterer who is guilty of the offence; for what will make a constructive presence at common law, will not be sufficient upon an indictment under a statute, Brady's case, 1097, notis. 12 But there may be an accessary before the fact in uttering a forged instrument; for personal presence is not necessary to constitute the offence, it being an offence at common law, Morris's case.........1096 13 Under the 8.& 9 Will. III. c. 26. which makes the putting off counterfeit money a felony, the money must be completely got rid of to be within the Act; for if the parties be interrupted before the money is taken up by the vendee, though it is put down by the vendor, the offence is not complete, Wooldridge's case, 307 14 For the mere uttering or tendering in payment is provided for by the 15 Geo. II. c. 28. ibid. ..........309 15 On a charge for uttering a great number of forged receipts, if it appear that they were all uttered at the same time, this is not to be con VOL. I. 1 Salop, and not Cheshire, is "the "next English county" to Anglesea, within the meaning of 26 Hen. VIII. c. 6. s. 6. and 26 Geo. II. c. 19. s. 8. that being the next English county where the king's writ runneth, Parry and Roberts's case..............108 2 The statute 26 Hen. VIII. c. 6. extends to felonies subsequently created, and therefore an offence under 49 Geo. III. c. 80. committed at Llangeny in Brecon may be tried in the county of Hereford, Window's ....109 case WARRANT. 1 If a warrant charge a person on suspicion of forgery, and another person facilitates his escape, the offender cannot be indicted on 16 Geo. II. c. 31. Walker's ..............97 2 A warrant of attachment issued and signed by a county clerk, in his own cause, is legal process, and if the officer be resisted and killed in the due execution of it, it is murder, Baker's case ............ ............112 3 It is no objection to the legality of a writ of habere facias possessionem that the names of special bailiffs were inserted in it, by interlineation, 2 after it was sealed, and before it issued from the sheriff's office, Harris's case........ .......929 4 A warrant of commitment must contain convenient certainty, and therefore it is not necessary to allege that the charge was made upon oath, for it may be super visum, and then an oath is unnecessary, Platt's case. ...167 ....... 5 The Chief Justice of the King's Bench may grant his warrant to bring up the bodies of impressed apprentices, Apprentices' case...203 6 A warrant under the vagrant act to search all suspected houses for idle and disorderly persons is strictly confined to persons of that description, Mary Adey's case...... ..208 7 In a warrant for felony it is not necessary to state that the offence therein mentioned was feloniously committed; it is sufficient, if enough appear to shew that the offence is felony, Judd's case...484 8 Sed quare, Whether a warrant for stealing any article without saying that the prisoner feloniously stole it, would not be bad for uncertainty, Platt's case................162 9 Officers of Excise may seize goods without any warrant from a magistrate for that purpose, Brady's .952 case WATER-MARK. 1 The want of the water-mark in a forged bank-note is no proof of want of sufficient similarity to a genuine note, Elliott's case......175. WITNESS. 1 By 46 Geo. III. c. 37. a witness cannot refuse to answer any legal question on the ground that he may thereby subject himself to a civil suit for debt. But if his answer will tend to subject him to a criminal prosecution, he may refuse to be sworn, but if sworn he must truly answer, at all events, England's case............767 3 A person who, upon a voir dire, admits that he has been convicted of conspiracy, or that he has been pillored for perjury, cannot be a witness, Piddle's case ............442 And formerly a conviction of petty larceny disabled a person from being a witness, but this is now remedied by 31 Geo. III. c. 35..............443 A Scotch covenanter may be sworn as a witness according to the ceremony of his sect, Mildrone's case, 4 5 412 6 A witness disabled by a conviction for false swearing is restored to his competency by a pardon, Reilly's ..454 7 8 case........ A cashier of the Bank whose name purports to be signed to a forged note" for the Governor and Co." is a good witness to prove the forgery, Newland's case............311 9 A person who has no notion of eternity or a future state, cannot be a witness during his ignorance of the obligations of an oath, White's case, 430 10 But an infant of any age who has sufficient capacity to understand that an oath imposes a solemn obli 13 A convict who has suffered the sentence of the law, as for coining copper-money, is a competent witness, Solomon's case....... ....829, marg. 14 But a capital convict is disabled, from giving his testimony, nor can his dying declarations be received in evidence. Drummond's case, 337 15 For the competency of persons under sentence of death cannot be restored, except by a pardon under the Great Seal, Gully's case.......98 16 Persons entitled to parliamentary rewards are competent witnesses, Rioters' case................... ..............314 17 A clerk who collects his master's monies, but misapplies it in insurances in the lottery, is a competent witness in an action by the master against the lottery-office keeper, for the recovery of the monies so misapplied, Clark v. Shee, 844, text. 1 WRITING OBLIGATORY. The uttering in England of a writing obligatory, drawn in Scotland, commonly called a Scotch banknote, is not within the statute 2 Geo. II. c. 25. Dick's case........68 2 By 2 Geo. II. c. 25. to forge or utter any writing obligatory is felony without clergy, Dunnett's case......583 3 An indictment for forging a bond, laying it to be "a bond and wri"ting obligatory," is good upon the statute 2 Geo. II. c. 25. though both terms be used in the statute, a bond being "a writing obligatory" though the converse do not hold generally, Dunnett's case.........581 |