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TENOR,

T.

technical import of the word, 242.
THREATENING LETTER,

the letter must be set out, 133.
indictment for sending, &c. 564, &c. &c.
See Index of Precedents, tit. Threatening Letter.
statutes relating to, 564, 5, 6.

construction of, ib.

valuable thing, construction of, 566.

comprehends a bank note, ib.

TIME AND PLACE,

averments of, 50.

place, averment of, how far substantial, ib.

how far formal, ib.

Time,

indictment must set forth the day and year, ib.

with what certainty, 51.

offence laid to have been committed between two speci-

fied days, ib.

if different offences be so laid, indictment defective, 52.
hour, when it should be specified, ib.

allegation of time, when unnecessary, 53.

in case of mere non-feasance, ib.

offence committed at several times, how alleged, ib.
repetition of time and place, when necessary, 53, 4.
how repeated, ib.

in case of murder, 54, 5.

same nicety not observed in cases of misdemeanor, 54.

when a mere repetition is insufficient, 55.

when the time for prosecution is limited, how averred, ib.
uncertainty in day or year, effect of, ib.

offence laid on an impossible day, 56.

until, construction of as applied to time, ib.

when time must be proved as alleged, 57.
when a variance is immaterial, ib.

TRADE,

exporting implements, 652.

offences relating to, ib.

indictments for, ib.

preparing to go abroad, 653.

See Index to Indictments, tit. Trade.

TRANSITORY

fact may be proved though done in another county, 23.
TRANSPORTATION,

indictments for being at large before term is expired, 618,
&c. &c.

See Index to Precedents, tit. Transportation.

different statutes relating to the offence, 618, 19, 20.
TREASON,

terms of art, description of, 69, 70.

indictment for, where to be laid, 20.

need not set out the letters, the writing or sending of which

is relied on as the overt act, 115.

treason cominitted beyond the realm, 18, 19.

35 H. 8. c. 2. construction of, ib.

Scotchmen, when triable for treason committed beyond the
realm, 19.

levying war, when to be proved within the county, 20.
when it may be proved in another county, ib.
judgment in case of high treason, 243.

against a woman, 344.

in case of treason relating to the coin, ih.
of petit treason, ib.

TREES,

malicious cutting down, 551.

stat. 6 G. 3. c. 36. ib.

6 G, 3. c. 48. 552.

distinction between these two stats. ib.
name of the owner must be stated, ib.
destroying, damaging, and stealing of, 442.

TRIAL,

time of.

in what cases the defendant must try the same term, 287.
in what cases not bound to try till the next term, ib.

when party appears at sessions according to his recogni-
zance, 288.

See County.

TURNPIKES,

destruction of, 560.

venue, 12.

stat. 13 G. 3. c. 84. s. 42. 561.

V.

VARIANCES,

See Surplusage.

when fatal, 241.

omission to prove a particular averment, when fatal, ib.
from description of stat. ib.

from matter of inducement, 242.

from description of that which is to be proved by a written
document, 241, 2, 3.

what variances between two indictments may be reconciled
by averment, 307, 8, 9.

in proof of ownership in general fatal, 194.

VENUE,

at common law, 1, 2, 3. 20, &c.

in case of conspiracy, 26.

procurer of misdemeanor, ib.
publisher of libel, ib.

action of scan. mag. ib.

selling coals, &c. under 3 G. 2. c. 26. s. 4. 26, 7.
defendant guilty of nuisance in one county to the damage
of another, 25.

where defendant bound to repair of bridge in one county,
by reason of tenure of lands in another, ib.

in case of usury, ib.

jurors, in case of misdemeanors, might inquire of facts in
another county, ib.

in case of misprision, ib.

where statute directs offence to be tried where committed, 9.
serving foreign prince, indictment where to be laid, ib.
under statutes authorizing a trial in a particular county, 19.
when committed on the high seas, ib,

offence must be laid within the true county, ib.

offence committed beyond the realm, must be laid ac-
cording to the fact, 19, 20.

offence, where to be laid in particular cases at common law,

20.

in case of treason, ib.

where the offence is committed in a second county by
means of an innocent agent, 21.

in case of threatening letter sent into second county, 21, 2.
person standing in one county commits murder in a se-
cond, ib.

procures poison to be delivered, or an house to be burnt
in a second, 22.

jurors, when they may inquire at common law of an act

doue in a foreign county, 22, 23.

when the act is transitory, ib.

embezzlement by clerk, where to be laid, 23, 4.

See County.

VERDICT,

in a capital case to be returned in the presence of the pri-

soner, 323.

otherwise in the case of a misdemeanor, ib.

formerly, jury once charged and sworn could not be dis-
charged before verdict, ib.

but it is now decided that they may, 38, and see Appendix
Note to p. 323.

different kinds of verdicts, 324.

general verdict upon the whole of the charge, 324, 5.

sufficient if any one count be valid, 324.

but otherwise in civil cases, 325.

guilty as to part, ib.

every indictment divisible, ib.

and the defendant may be convicted of part, and be ac-
quitted as to the residue, ib.

but if the defendant be charged with a contract, it must be
proved as laid, ib.

defendant charged with the more special, may be convicted
of the more general offence, though both may be offences
by stat. 325, 6.

Appendix Note to p. 326.

may be convicted of larciny though charged with burglary,
326, 7.

or with stealing from the person, 326.

of manslaughter, though charged with murder, ib.
of murder, though charged with petit treason, ib.

of petit larciny, though charged with grand larciny, ib.
upon a charge of murder the jury ought to find a verdict of
manslaughter if the facts warrant it, ib. and see
p. 37, 8, 9.

this rule not allowed to operate to the disadvantage of the
defendant, 327.

limitation of this rule, 39. 327.

charge of felony cannot be modified into a misdemeanor,
ib.

two indictments, one for felony the other for a misdemea-
nor, ought not to be preferred at the same time, 39.
upon an indictment for felony he cannot be convicted of a
trespass, 39. 327.

nor receive judgment for a trespass, 328.

upon an indictment for murder the defendant cannot be
found guilty of petit treason, ib. and 38.

but upon an indictment for petit treason he may be found
guilty of murder, 38. 328.

general qualities and requisites of a verdict in case of a par
tial acquittal, 328.

the verdict should embrace the whole charge, ib.

when the facts are specially found the verdict will be suffi-
cient, though the defendant be guilty of part only of the
offence charged, 329.

form of the verdict in case of a partial acquittal, 330.
in case of burglary, 331.

proper form of eutering the verdict in such case, 331, 2.
against one of several, 332.

may be found guilty of offences differing in degree, 332.
exception, ib.

riot, ib.

conspiracies, ib.

accessories, 332, 3.

burglary, 333.

special finding of facts, ib.

province of jury confined to facts, ib.

in matters of law to follow the direction of the court, ib.
course pursued where the criminality of the act depends
upon facts which are not apparent on the record, ib.
special case reserved, 333, 4.

special verdict, 334.

may be given in criminal as well as in civil cases, ib.
in some instances a special verdict must be given, ib.
reason for this, ib.

in what cases of homicide a general verdict of acquittal may
be given, 335.

matters essential to a special verdict, ib.

should find facts, ib.

may find transitory facts though proved to have been done
in a foreign county, ib...

but cannot find that which is essential to the offence to
have happened in a foreign county, ib. * *

what variances between the indictment and verdict will be
fatal, 33.

sufficient though precise and technical words be not used,

335.

in case of insufficient verdict a new venire facias may
awarded, 336.

special verdict, whether amendable, ib.

material facts must be found in the county in which the
indictment is laid, ib.

courts are confined to the facts found, ib.

and defects cannot be supplied by intendment, 336, 7.
former practice in case of libel, 337.

altered by stat. 32 G. 3. c. 60. 338.

a conclusion against law may be rejected, 338.
in case of murder unnecessary to find malice, ib.

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