16 In an indictment for burglary, or for stealing in the dwelling-house, the name of the owner of the house must be stated, White's case ...252 17 An indictment will lie for forging a bill of exchange, although the paper is not stamped, Rex v. Hawkeswood..... ..257 Same point, Rex v. Reculist.....703 Same point, Rex v. Moreton ...258 18 If A CORPORATION prosecute, the indictment must use the corporate name, Patrick and Pepper's case, 253 19 An indictment on the statute 4 Geo. II. c. 32. for stealing lead from a church, which is a building within the meaning of the Act, need not state the person in whom the freehold of the church resides, J. Hickman's case .............278 20 An indictment for stealing from the Invalid Office at Chelsea, the lower part of which is used by the Pay-master for Government business, must lay it to be the house of THE KING, for those who live therein do not inhabit it in their own right, but in right of the owner, Peyton's case.............324 21 Therefore an indictment for breaking the house of Sir Henry Hungate, at Whitehall, is bad, for it should be laid to be "the King's "Mansion-house called Whitehall.” 324, notis. 22 So an indictment for breaking open a chamber in Somerset-house, must lay it to be the house of the King, Burgess's case......324, notis. 23 But an indictment for stealing a bank-note out of the General PostOffice, laying it to be the dwellinghouse of A. B. and C. D., the Postmasters General, has not been objected to, Hassel's case..............1 24 An indictment for breaking the house used by the African Company, must state it to be the man 25 But where a burglary was committed in London in the warehouse of a Company of Blanket-makers, all of whom resided at Whitney, and the dwelling-house thereto belonging was inhabited solely by an agent, employed by the Company to manage the concern, and who had, by agreement, permission to live therein, at a reduced salary on that account, it was held that the premises were the mansion-house of the agent, for that the law of burglary was intended to protect the safety of the dweller from the terror of nocturnal depredations, and not to protect the right of the distant owner of the premises, Margett's case.......... ..930 26 An indictment on the 3 & 4 Will. and Mary, c. 9. omitting to state by whom the lodgings were let, is bad, Ann Pope's case .336 27 But an indictment on the 45 Geo. III. c. 89. s. 2. against "dispos 66 ing of and putting away forged "bank-notes with intent to defraud "the Bank," need not state the persons to whom they were disposed of, or the manner in which they 28 An indictment for facilitating the were put away, Holden's case, 1019 escape of a prisoner, contrary to the 16 Geo. II. c. 31. cannot be maintained if the commitment of such prisoner was only on suspicion of felony, Rex v. Greeniff, 363 29 An indictment in which the addition of the prisoner's name is placed after the alias dictus, and not after the first name, is bad, Major Semple's case.... .........420 30 The caption of an indictment must shew that the Court where it is found had jurisdiction over the offence, Rex v. Fearnley.........425 31 An indictment for stealing and receiving bank-notes, laying them to be" the property and chattels of "the prosecutor," is good against the principal, although calling them chattels is improper, for that word may be rejected, as to the principal, as surplusage, Morris's ...468 32 An insensible indictment may be made good by rejecting such words as obstruct the sense, Redman's ...477 33 An indictment on the 30 Geo. II. c. 24. for obtaining money under false pretences must state what the false pretences were by which the money was obtained, Rex v. Ma.........487 case.... case....... son 34 An indictment at common law will lie for taking a dead body from its grave, although intended to be used for the purposes of dissection, Lynn's case........ .......497 case........ 35 If an Act of Parliament vest property in trustees by a particular description, without incorporating them, the indictment must lay the property to be in them by their proper names, and subjoin the particular description to denote the capacity in which they are authorized to act, Sherrington and Bulkley's .......513 36 An indictment for not repairing a common highway, leading from A. to the parish of B. is exclusive of B. although it afterwards allege that the part of the said road which is out of repair is in the parish of B. Rex v. Gamlingay.............528 37 Two indictments for the same offence, one for the felony under a statute, and the other for the misdemeanor at common law, ought not to be preferred or found at the same time, Mary Doran's case, 538 38 An indictment on 3 Will. and Mary, c. 9. against two persons for robbing a lodging, must state a joint contract, Goddard's case, 545 39 An indictment on the statute 6 Geo. I. c. 23. must shew that the assault and the injury to the clothes were committed at the same time, Williams's case......... .........529 40 An indictment for a robbery on a woman in her maiden name is good, although she marry before the indictment is preferred, Tur........536 41 An indictment for a highway robbery must state that the assault was feloniously made, Pelfryman's case, ner's 563 42 An indictment for a misdemeanor on 22 Geo. III. c. 58. against a receiver of stolen goods, need not aver that the principal has not been convicted, Baxter's case.........578 43 An indictment for an assault, describing the defendant as "late of "A. in the county of B." without stating that A. is a parish, is bad, Mathew's case.................... ........584 44 An indictment for an offence at common law is good, though it concludes against the statute; for these words are surplusage, and may be rejected, ibid..... 585 49 In an indictment for forgery, the instrument charged to be forged must be set out, that the Court may see whether it is an instrument within the statute on which it is founded, Lyon's case.............597 50 An indictment on the 15 & 16 Geo. II. c. 28. for uttering bad money by the common trick called ringing the changes, is good, although it do not state that it was uttered in payment as and for good money, for the words of the statute are in the disjunctive, "utter OR "tender in payment,' "" Franks's ..644 case. 51 An indictment for a fraud at common law, charging the false pretence to have been made to one person, and the deceit to have been practised on a different person, is bad, Lara's case..................647 52 An indictment on the statute 16 Geo. II. c. 31. which makes it felony to aid and assist any prisoner in an attempt to make his escape, charging the prisoner with having aided and assisted such attempt, need not state that the party aided did attempt to make the escape, Tilley's case.... ........662 53 An indictment for stealing in the dwelling-house, persons being there 55 An indictment for burglariously breaking and entering the house of A. with intent to steal the goods of B. although no person of the name of B. had any property in the house, is good, for the offence is the intent to steal, Jenks's ease......774 56 An indictment on the statute 37 Geo. III. c. 70. for seducing soldiers, need not set out the means used for that purpose, nor aver that the prisoner knew the person endeavoured to be seduced to be a soldier, Fuller's case.............790 57 An indictment on 37 Geo. III. c. 70. is good, although it charge in one count two of the offences mentioned in the Act, viz. that the prisoner endeavoured to incite the soldier" to commit an act of mutiny," AND "to commit traito"rous and mutinous practices," Fuller's case......... ........790 58 An indictment for perjury, laying the offence to have been committed" at the Guildhall of the city of London," is bad, for the venue must be laid from some parish or ward, R. Harris's case.......800 59 An indictment for forgery must set out the instrument according to its tenor, but it need not describe the purport of the instrument, Reeves's case....... .........808 60 An indictment on the statute 15 Geo. II. c. 8. s. 3. for uttering false money twice or oftener within ten days, must state the whole Same point, Smith's case.........856 61 An indictment on 15 Geo. II. c. 28. for uttering counterfeit money, having at the same time other counterfeit money in custody, is good, although it do not allege the offender to be a common utterer of false money, Smith's case.........858 Same point, M. Michael's case, 938 62 An indictment for larceny, laying the goods stolen to be the property of Victoire Baroness Turkheim, if she was always known by that appellation, is good, although the name of the prosecutrix is Selina Victoire, and the words " Baroness "Turkheim" her title only, E. Sulls's case..... ....861 2 3 put the same, or so much as is necessary to prove the felony, into writing, within two days after, in the same manner, before commitment, as is required by 1 & 2 Phil. and Mary before bail, Lamb's cuse, 557 Courts will presume that informations have been taken as the statutes direct, and therefore will not receive parol testimony of what passed before the magistrate, except it be proved that the information was not taken in writing, Fearshire's case ......202 case....... The statutes do not leave this to the option of the magistrate, but they say that he shall do it, and the Court will presume that the magistrate has done his duty, until the contrary appear, Jacobs's case......310 4 It would be permitting the negligence of the magistrate to operate to the prejudice of the prisoner, as a witness might, by stating only part of what had been said, or by using different words, give a different colour to the fact, Hinxman's ......310, notis. And this practice has been adopted in other cases, Fisher's case, 311, notis. 6 But if reduced into writing, the information so taken may be read though the prisoner refuse and the magistrate neglect to sign it, Lamb's case....... ......552 7 So the minutes of the information taken by the solicitor for the prosecution, may be read, though in part retracted by the prisoner, and not signed by the magistrate, Tho...637 5 1 By 2 & 3 Phil. & Mary, c. 10. the Justices before whom any person shall be brought for felony, or suspicion thereof, shall take the exa- 1 mination of the prisoner, and the information of the witnesses of the fact and circumstances, and shall mas's case...... INNKEEPER. If the property of a guest be stolen from the inn where he is sojourning, it may be laid, in the indictment, to be the goods of the inn keeper, as well as of the guest, 2 On a special verdict for felony in Todd's case................357, notis. INTENT TO ROB. 1 By 7 Geo. II. c. 21. "to assault 2 An indictment on this statute must 4 The assault and the demand must be made on the person or persons intended to be robbed, William Thomas's case... .......330 5 A commitment on 7 Geo. II. c. 21. charging that the defendant, "with "force and arms, made an assault 2 stealing charters concerning the inheritance, which is not felony, the Court will not give judgment for the trespass, Westbeer's case......15 The offence must be alleged to have been committed on the high seas to shew the admiral's jurisdiction under 28 Hen. VIII. c. 15. ......ibid. 3 Courts of Common Law have a concurrent jurisdiction with the Admiralty Courts in murder committed in Milford Haven, and in all other havens, rivers, and creeks in the realm, Bruce's case......1093 4 If a servant embezzle money contrary to 39 Geo. III. c. 85. in a different county from that in which his master lives, it may be tried in the county in which the master resides, Taylor's case...............974 5 And perhaps it is triable in either of the counties, Hobson's case, 976 1 JURY. If the sheriff return the Jury to try an indictment in which he is the prosecutor, the objection must be made by way of challenge, and cannot be moved in arrest of judgment, Conrad Shepherd's case, 101 2 The Jury are the judges of the intention with which a prisoner did the act alleged against him, Pear's .212 3 case As if a horse be lent to a person to ride to a certain place, but instead of so doing he rides it to another place and sells it, the Jury shall say quo animo he did the act, Tunnard's case............214, notis. |