FORGERY AND UTTERING.

Whether competent to proceed
when lost without prisoner's
fault, 410

Person forged on is competent wit-
ness, 410, 411

Is a necessary witness in the gene.
ral case, 411

But otherwise where bank sign by
social firm, 411

Or where one bank-officer swears
to another signature, 411
Best evidence is oath of person
forged on, 412

Next best those who have seen him
write, 413

Next those who have corresponded
with him, 413, 412

Next comparatio literarum, 413
Last engravers, 413

Forged writing must be proved to
have been uttered by prisoner,
or with his accession, 414
Every link in chain of hands through
which it passed till marked must
be proved, 414, 415

Competent to prove unsuccessful
attempt to utter, in modum pro-
bationis of the completed charge,
416

But, in such a case, the previous
attempts must be set forth in
libel, 417

Legal evidence in forgery and ut.
tering, 417, 418
Must prove the forgery, 418

the uttering by pannel, 419
the guilty knowledge, 419, 420
Circumstances of weight in proving
guilty knowledge, 420-422.

finding other forged notes on
prisoner, 420

his conduct before and after
seizure, 420

nature of excuse he sets up
for passing notes, 421

uttering of other forged notes
at same time, 421

his account of the way he got
it, 422

Trial competent either before Court
of Session or Court of Justiciary,

423

Last now only in practice, 428
Form of process before Session,
423, 424

Session remit for capital pain to
Justiciary, 424

Who take proof led in Session, 424
But assize there may consider that
proof, 424

HAMESUCKEN.

Assault on publican in his inn, 263
Is hamesucken if entry be irregu-
larly obtained with felonious de-
sign on landlord of inn, 203
Must be within the house that the
injury is received, 203
Injury may be inflicted from with-
out, 203

Assault on ship-master or sailor in
his ship, 204

Holds though entry is obtained by
fraud, if animo injuriandi, 205
And equally in day as night, 205
Indispensable that the injury be
serious, 205

Slight assault will not amount to
the crime, 205

But immaterial if serious of what
kind it is, 206.

Or though injury be not inflicted,
if seriously attempted, 206
Immaterial whether violence com-
mitted lucri causa or from per-
sonal spite, 206

Generally now

combined with
stouthrief, rape, housebreaking,
or other crimes, 207

Its punishment, 208
Capital in serious cases, 208

A transportable offence in slighter,

208

HOMICIDE.

Evidence to establish the corpus
delicti in, 145

Essential to shew a person died of
the wound, 145
Wounding not capital at common
law, 145

The death must be owing to the
wound, 145

Directly or by natural conse-
quences, 146

Will not do if it is owing to super-
vening accident, 146, 147
Or supervening misgovernment or
misfortune, 147

Cases of erysipelas following wounds
147, 148

The like if wound only one of
many causes of death, 148

If death owing to wound, immate-
rial though months elapse before
death, 149

Cases on this subject, 150, 151
Law of England on the point, 152
Unskilful treatment by medical
man producing death, 152

IDIOCY, as an excuse for crime. See
Insanity.

Culpable steering of vessel, 627
Administering drugs to procure
abortion, 628, 629

Administering laudanum or narco-
tic drugs with felonious intent,
629

Enticing infant child from its pa-
rents or guardians, 630
Feloniously destroying bill, 631
Threatening to extort confession,
632

Violence or oppression, 632, 633
Violent invasion of personal free-
dom or houses, 633, 634

Wilful neglect of duty by official
person, 634, 635

Buying and selling offices of trust,
636, 637

Statute 40th Geo. III. c. 126, on

this subject, 637, 638
English cases on the subject, 636

INSANITY AND IDIOCY.

As an excuse or alleviation for
crimes, 645

Alienation of reason must have

been complete, 645

But in what the true test of that
consists, 645

Cases on this head, 646, 651
Law of England on the point, 651,
652

If derangement is partial, should
be found guilty, and recommend-
ed to mercy, 653, 654

INVADING AND SLANDERING JUDGES,
Is capital to strike any judge sit-
ting in judgment, 573

Treason to strike Lord of Justi-

ciary or Session in Judgment, 573
At common law, any violence or

insult offered to judges on ac-
count of what is done judicially
is indictable, 573
Cases on this subject, 574
Slandering judges on account of
what is done judicially, is indict-
able, 575

If, in relation to a depending pro-
cess, punishable summarily, 575

JUSTIFIABLE HOMICIDE.

Is committed by judges or inferior
officers, in pronouncing or exe-
cuting legal sentence, 127
Deviation from warrants-its ef-
fects, 128

Or by magistrates or officers in
suppressing riots or breach of
peace, 128, 129
Riot act, 129

Homicide justifiable when com-
mitted against persons violating
its provisions, 129, 130
But the homicide may be justi-
fiable though the riot act has not
been read, if violence to persons
or property has been committed,
130

Bystanders may interfere without

magisterial authority, to prevent
commission of a felony, 130
Officer of law justified in homicide,
if, in advancing to discharge his
duty, his life is endangered, 130
But the peril must be such as to

affect a man of ordinary resolu-
tion, 131

Soldier on duty justifiable, if he
kills in necessary defence of his
post or arms, 132
Private individual justified in kill-
ing in the necessary defence of
his own life, or of those with
whom he is connected, 132
Or a woman or her friends in re-
sisting a rape, 132–135
Or in defence against stouthrief or
robbery, 132

t 1

But not if the peril is past, 133
Or in revenge, 133
This will apply to a soldier on du-
ty with orders not to fire if his
life is threatened, 134

Homicide in cases of assault only
justified where matters have ar-
rived morti proximum, 135
Moderamen tutile must be observed
to make the justification com-
plete, 134
Homicide justifiable against noc-
turnal housebreaking, robbery,
or stouthrief, 136, 137

But the felonious intent should be
apparent, 137

Stronger case of threatened violence
necessary to justify killing a
housebreaker in the day, 138
But in strong cases is still justifia-
ble in the day, 138

English law on the subject, 139

MALICIOUS MISCHIEF.

To person or property is indictable
offence, 448

Capital by statute in certain cases,
419

Indictable offence for mischief to
cattle or other domestic animals,
450, 451

MINORITY AND PUPILAGE.

Minors above fourteen liable to
capital punishment in bad cases,
663, 664

Transportation very frequently in-
flicted, 664

Pupils between seven and fourteen
may be transported, but not
hanged, 665

But unless on hardened and incor-
rigible, imprisonment and hard
labour the usual punishment,
665, 666

Children under seven liable to no
punishment, 666

Law of England on this subject, 667

MOBBING AND RIOTING.
Includes all violent and tumultu-
ous convocations of lieges, 509
Rioting more particularly appli-
cable to single individual, 510
Must be a convocation of twelve or
more for a violent and unlawful
purpose, 510

And to the fear of lieges and distur-
bance of public peace, 510, 511
May be committed even in prose-
cution of lawful objects, if done
with circumstances of violence or
tumult, 511, 512

Cases on this point, 512
Must have proceeded to acts of
violence, 513

In pursuance of some common de-
sign, 513

But that common design may be
taken up at the moment, 513
Common object must be some local
or private matter, not the attain-
ment of a national or general ob-
ject, or it becomes treason, 513
Cases on this point, 514, 515
Degree of violence is either vio-
lence to person or persons, or
such conduct as shews it is in
preparation, and is to terror of
lieges, 516, 517

What makes a person art and part
in mobbing, 518, 519
Mere presence, joined to any evi-
dence of consent to their pro-
ceedings, sufficient, 519

Or mere presence alone, if con-
tinued for such a time, or in such
circumstances, as infers such con-
sent, 520, 521

One who joins mob becomes art
and part of every thing done in
pursuance of common design,
522, 523

But not of a sudden and extrane-

ous felony taken up by some
rioters at the moment, 523, 524
Pains of rioting at common law, 525
Extends in serious cases to trans-

portation for life, 525, 527, 528
But not capital, 526

Unless when combined with house-
breaking, stouthrief, robbery, or
other capital crime, 526, 527, 528
Commotions within borough how
punishable by old statutes, 528,
529

British riot act, 530
Enactment regarding pulling down
churches, houses, and other build-
ings, 530

Cases, 9

English law on the point, 10
Expressions of indication of intent
important, 10, 11
Expressions of malice, 11

Can only be proved if de recenti,
11

Words will not excuse blows, 12
Nor blows with hand, striking with

lethal weapons, 12

Cases illustrative of this, 13-15
Drawing knives, 15-16. Cases, 16
Chaude melle by old law, 16, 17
At length settled into culpable ho-
micide law, 18

Important who struck the first
blow, 18

English law on subject of
tion, 19

Different from Scotch, 19

provoca-

MURDER.

Murder is committed if lethal wea-

pons precipitately used, 21
Is murder to kill a person stealing
property, 21, 22

Or raising a dead body, 23
English law same, 23

Officer of law bound to advance in
executing his duty, 24, 25
Irregular or defective warrants, 25,

26

Is murder to resist illegal criminal
warrant, if informality unknown
to pannel, 27

Otherwise if irregularity is pointed
out, and officer persists, 27
English law on this point different
from Scotch, 27

English cases on the subject, 28
Precipitate and needless use of le-
thal weapons in civil cases is
murder, 29

Cases on this subject, 30, 31
Statutory rules on this subject, 32
Law of England different on this
point, 33

Officer in all warrants, civil or cri-
minal, answerable for obvious er-
rors in warrants, 34, 35

But not for those in previous steps

of procedure, 35

Officer responsible for illegal pro-
ceeding in his own department,

35

In execution of criminal warrants
killing justifiable, if violent re-
sistance is made, 36, 37

Cases on the subject, 37, 38
Soldier or sailor on duty justified
in killing in defence of post or
arms, 39, 40, 41
Must be a reasonable apprehension
to justify them, 41

Cases on the subject, 42, 43, 44, 45
Magistrates justified in command-

ing homicide, if the lives or pro-
perty of lieges be endangered, 47
Law of England same, 48
Every homicide presumed to be
murder, 48

Lies on pannel to disprove the pre-
sumption, 49

Unless the reverse appears from
prosecutor's proof, 49

Is murder if one is killed instead
of another, if it would have been
so as against that other, 50, 51
Is murder, if death ensue in pur-
suance of intention to commit
any felony, or highly wicked act,
52, 53

Death ensuing conspiracy to com-
mit any other felony, is murder
in all, 65-67

Will not hold if pannels have acci-
dentally met together, and with-
out consent, 66

Scotch law recognises no accession
after fact, 68

Different therein from English, 69
Principal and accessories may be
tried at same time, and in same
libel, 69, 70

English law in regard to principal
and accessories, 70, 71

Murder must be committed on a
living creature, 71, 72

But immaterial of what age, or how
sickly soever, 72

May be committed by exposing in-
fant, or cruel treatment, 73
But not by bearing false evidence
in capital case, 73

Legal evidence in murder, what it
is, 73

Cases on this subject, 74-89

of Burke and Macdougall,

74, 75

Jean Humphreys, 75
Robert Emond, 76, 77
James Henderson, 78.
Mrs Mackinnon, 78
J. Devine, 79