3 45 Geo. III. c. 89. Forgery......1019 45 Geo. III. c. 121. Smuggling...253 46 Geo. III. c. 98. Quarantine.....551 48 Geo. III. c. 129. Robbery not pri4 vate...... .444 49 Geo. III. c. 80. Forged stamps, 109 50 Geo. III. c. 20. Quarantine, 551 50 Geo. III. c. 143. Letters.......637 51 Geo. III. c. 46. Quarantine, 551 stamps.. 52 Geo. III. c. 143. Silver plate ....... 416 52 Geo. III. c. 64. Threatening letters, 445, 773 52 Geo. III. c. 64. False pretences, 487, 505 52 Geo. III. c. 143. Clergy........578 52 Geo. III. c. 143. s. 2. Post-office, 909 52 Geo. III. c. 63. Embezzling, 700, 849, 932 53 Geo. III. c. 108. Stamps. Trial, 1050 STEALING FROM PERSON. See Person and Privately stealing. STOLEN GOODS. appre 1 A person who receives money as a reward for helping another to stolen goods, cannot be prosecuted if the thief die before he is convicted; for the statute 4 Geo. I. c. 11. s. 4. enacts, that unless such shall person hend, try, and give evidence against such offender, he shall suffer the pains of felony, according to the nature of the offence committed by the thief; for the death of the principal has prevented the offender from performing the condition, Drinkwater's case ..........15 2 By 5 Ann. c. 31. s. 6. the receivers of stolen goods may be prosecuted for the misdemeanor, provided the principal felon cannot be taken, so as to be prosecuted and convicted, Wilkes's case....... ........103 A receiver of stolen goods may be tried for a misdemeanor under the statutes 3 Will. and Mary, c. 9. and 5 Ann. c. 31. though the principal might have been taken and brought to justice, Wilkes's case .........103 By 22 Geo. III. c. 58. receivers of stolen goods, except lead, iron, brass, copper, bell-metal and solder, may be prosecuted for the misdemeanor, whether the principal felon be amenable to justice or not....104, notis. 5 Money is not within the statutes 5 Ann. c. 31. s. 5. and 3 Will. and Mary, c. 9. s. 4. against the receivers of stolen goods, Guy's case...241 6 This doctrine confirmed, David son's case...... .......................242, notis. It is not felony to receive Banknotes, knowing them to have been stolen; for neither money nor Banknotes are considered as goods and chattels, within the statutes against the receivers of stolen goods, William Morris's case ....... .468 7 A statute, as 2 Geo. III. c. 28. inflicting transportation for knowingly purchasing stolen goods, makes the offence felony, although the statute do not in express terms declare it to be felony, Rex v. Wyer, 480 2 All insensible, unnecessary and use- 3 And an offender may be indicted less words may be rejected as surplusage, A. Redman's case......477 on this statute, though the principal felon has not been convicted, Drinkwater's case THREATENING LETTER. See Letters threatening. TRANSFER. 1 An indictment for forging a transfer of stock is good, although the stock had never been accepted by the person in whose name it stood, and although the transfer was not witnessed according to THE RULES of the Bank, Gade's case........732 4 So" against the form of the statute 5 But" to the effect following," does THEFTBOTE. 1 By 4 Geo. I. c. 11. s. 4. if any person take money or reward, directly or indirectly, under pretence, or upon account of helping any person to any stolen goods or chattels, (unless such person apprehend the felon who stole the same and cause him to be tried, and give evidence against him) he shall be guilty of felony, according to the nature of the felony committed in stealing such goods, and as if such offender had, himself, stolen the same............. ...............16 On this statute Jonathan Wild was convicted, for receiving ten guineas from Mrs. Statham, for helping her to a box of lace, which had been stolen by Hugh Kelly, 18, notis. 2 The principal felon may be admitted an evidence for the Crown against a person indicted on this statute, Drinkwater's case.........17 1 A person indicted of petty treason and murder combined in one count, may be found guilty of the murder, and acquitted of the treason, Radbourne's case ......457 2 The counterfeiting of the gold coin, to be treason within 25 Edw. III. c. 2. must be such in its form that it will currently pass, Rex v. Varley, 76 3 But it is not necessary that there should be an impression on the counterfeit; if it resemble the worn coin it is sufficient, Welch's case, 364 4 Having the custody of a mould on which is made and impressed the similitude of the current coin, is high treason within the 8 & 9 Will. III. c. 26.; and such mould need not be averred to be a tool or instrument within the statute, H. Lennard's case.............. .........90 5 A conviction of high treason may be upon the evidence of one witness in all cases where there is no corruption of blood, Gahagan's case, 42 6 The process of extracting latent silver from the body of base metal, by means of aqua fortis, is a co- 7 So round blanks of brass and silver, ...... 1 A private prosecutor on the Black Act, 9 Geo. I. c. 22. has an option to prefer his indictment and to try the offender in any of the counties of England that may be most conducive to the ends of justice, R. Mortis's case..................... .........73 2 A felony committed in Anglesea may be tried in Salop; for though the 26 Geo. II. c. 19. says, the prosecution may be in the next adjoining English county, which is Chester, yet as the 26 Hen. VIII. c. 6. s. 6. says, that it shall be " in the shire of England where the king's writ runs next adjoining to Wales," the statute 5 If a person on shore shoot at and kill another upon the sea, at the distance of a hundred yards from 1 the shore, it is not within 2 Geo. II. c. 21. but shall be tried by the Admiralty, Coomb's case............388 6 On an indictment being found for an assault, if the defendant enter into a recognizance to appear, enter, and try his traverse, he cannot be tried without entering his traverse under the gaol delivery, except he withdraw his plea, and give the prosecutor notice, Kelsey Fry's case, 111 7 An indictment for sending a threatening letter may be tried in the county in which it was received, although it was written in and sent from a different county, Girdwood's ..... 142 case........ If, under 39 Geo. III. c. 85. a servant receive his master's money in one county and refuse to account in another, the trial shall be where the refusal was, Taylor's case...974 9 But if the servant deny the receipt of the money in the county where it was paid to him, the trial may be in that county, though he refuse to account in another, Hobson's case, 975 10 By 9 Geo. II. c. 35. offences against TRUSTEES. 637 2 But an indictment for stealing goods belonging to the Liverpool Dock, laying them to be the property of the Trustees of the Liver"pool Dock," without naming them individually, is good, Johnson's case, 1103 A person committed as a rogue and vagabond under the 23 Geo. III. c. 88. who breaks gaol, and, on being committed as an incorrigible rogue under the 17 Geo. II. c. 5. breaks gaol a second time, and then commits an act of vagrancy, as a rogue and vagabond, may be indicted for FELONY, and transported under the Vagrant Act, Ballie's case......396 1 If an indictment for perjury on an affidavit that the party " understood " and believed, &c." state it that the deponent "undertood and be"lieved," yet this variance is not fatal, for the omission of the letter s does not make it another word, Rex v. Beech......... ..............133 2 But where the variance alters the word, as air for heir, &c. it is fatal, 134, notis. 3 A variance of receivd instead of received is not fatal, for it is impossible to mistake the meaning of the word, Hart's case.... ........145 4 On a plea of nul tiel record, a variance of Segrane instead of Seagrané is not fatal..................146, notis. 5 If an indictment charge a prisoner with forging a note for the " pay"ment of money," and it appear, in setting out the tenor of the note, that it was only for the " payment "of Fifty," leaving out the word pounds, yet it is not such a variance as will arrest the judgment, Elliot's ...175 case 8 A variance between the evidence and an indictment on the 13 Geo. III. c. 56. for removing the stamps on plate, of a lion passant instead of a lion rampant, is fatal, C. Lee's case, 416 9 A prisoner acquitted of forgery on a variance between the instrument produced in evidence and the recital of it in the indictment, cannot plead autrefois acquit to another indictment for the same offence, Coogan's case.... 1 ...448 10 On an indictment for stealing in the dwelling-house of Sarah Lunns, if it appear in evidence that her name was London instead of Lunns, the variance is fatal to the capital part of the charge, W. Woodward's .....253, notis. case 11 An averment that a commission of bankrupt issued under the Great Seal of Great Britain, is proved by a commission under the Great Seal of Great Britain and Ireland, Bullock's case........ ......996 1 1 2 VENUE. A venue in London, must be laid, in some parish or ward within the city; and therefore an indictment for perjury, stating it to have been committed "at the Guildhall of the city " of London," is bad, Harris's case, 800 VERDICT. A verdict of "guilty of felony only, in stealing in a dwelling-house goods to the value, but not guilty of the burglary," ousts the offender of clergy, Comer's case............. .............36 So a verdict entered" Not guilty "of the burglary, but guilty of stealing above the value of forty "shillings in the dwelling-house," is sufficient to warrant a capital judgment. But the entry "Not guilty "of breaking and entering in the "night, but guilty of stealing," &c. is |