 | Thomas Starkie - 1814 - 378 Seiten
...separate offences, it has been the practice for judges to quash the indictment, least it should confound the prisoner in his defence, or prejudice him in his...juryman's 'trying one of the offences, though he might not object to his trying the other. But if the joinder of two distinct felonies be not discovered before... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 946 Seiten
...separate offences, it has been the practice of the judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his...discretion. If the judge, who tries the prisoner, does not discover it in time, I think he may put the prosecutor to make his election on which charge... | |
 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 860 Seiten
...lest it should confound the piisoner in his defence, or prejudice him in his challenge of the juiy ; for he might object to a juryman's trying one of the...have no reason to do so in the other. But these are onl) matters of prudence and discretion. If the judge, who tries the prisoner, does not discover it... | |
 | William Oldnall Russell - 1819 - 1088 Seiten
...the " indictment, lest it should con»• found the prisoner in his de" fence, or prejudice him io hu challenge of the jury; for he might object to a juryman's trying one of the offences though be might have no reason to do so in the other. But these are only matters of prudence and discretion.... | |
 | Joseph Chitty - 1819 - 852 Seiten
...indictment lest it should confound the prisoner in his defence, or prejudice him in his challenge to the jury ; for he might object to a juryman's trying one of the charges, though he might have no reason so to dp in the other ; and if they do not discover it until... | |
 | Joseph Chitty - 1819 - 752 Seiten
...Hawk. b. 2. c.47. s.8. confound the prisoner in his defence, or prejudice him in his challenge to Ihe jury; for he might object to a juryman's trying one of the charges, though he might have no reason so to do in the other; and if they do not discover it until... | |
 | Richard Burn - 1820 - 834 Seiten
...separate offences, it has been the practice of the judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his...and discretion. If the judge who tries the prisoner does not discover it in time, I think he may put the prosecutor to elect on which charge he will proceed.... | |
 | Sir John Comyns - 1822 - 1042 Seiten
...separate offences, it has been the practice for judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his...juryman's trying one of the offences, though he might not object to his trying the other. If the joinder of two distinct felonies be not discovered before... | |
 | Thomas Starkie - 1822 - 922 Seiten
...separate offences, it has been the practice for judges to quash the indictment, least it should confound the prisoner in his defence, or prejudice him in his...for he might object to a juryman's trying one of the ofi'ences, though he might not object to his trying the other. But if the joinder of two distinct felonies... | |
 | Joseph Chitty - 1826 - 1018 Seiten
...indictment lest it should confound the prisoner in his defence, or prejudice him in his challenge to the jury; for he might object to a juryman's trying one of the charges, though he might have no reason so to do in the other; and if they do not discover it until... | |
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But, if it appear before the defendant has pleaded, or the jury are charged, that he is to be tried for separate offences, it has been the practice of the Judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice... 
