HIGH TREASON.

1 A prisoner committed to Newgate for high treason in North America is triable only in the Court of King's Bench or under a special commission, and therefore cannot be admitted to bail under the habeas corpus act by Justices of gaol delivery, or discharged by their proclamation for want of prosecution, Platt's case................... ..157

2 By 1 Edw. VI. c. 7. convicted traitors reprieved may receive judgment by the Justices of any subsequent gaol delivery, Platt's 16 case... ........159 3 By 35 Hen. VIII. c. 2. treasons committed out of the realm shall be tried in the King's Bench, &c.

159

4 By 33 Hen. VIII. c. 25. suspected

hammered and not round, nor would pass in the condition it then was, is not high treason, Rex v. Varley..... .....76

HOMICIDE.

1 If several persons assemble to do an illegal act, and a person totally unconcerned in the matter for which they so assembled be accidentally killed by one of the company, the others shall not be construed as aiding and abetting such homicide, because it did not happen in prosecution of the illegal act for which they assembled, Rer v. Hodgson

6 On an indictment for high treason, in coining to the similitude of the legal money, it must appear that the counterfeits were in a state fit for circulation, and that the prisoners had the means of making them, Harris and Minion's case........155 7 And therefore to counterfeit the impressions of a half-guinea on a piece of gold, which was previously

not only include the dwellinghouse, but also out-houses that are parcel thereof, as barns, stables, cow-houses, dairy-houses, if they be parcel of the messuage, though they are not under the same roof, or adjoining, or contiguous to it, 144, notis. 2 A whole house let ready-furnished is not within the penalties of the 3 & 4 Will. & Mary, against robbing ready furnished lodgings, Palmer's case.. ..680 3 The 12 Anne, c. 7. making it a capital offence to steal to the amount of forty shillings, does not extend to a person's stealing to that

amount in their own house, for the statute evidently means stealing in the house of another, E. Thompson's case ............... ...338 4 And therefore if a wife steal the property of a third person in the house of her husband, it is not a stealing in the house of another within 12 Anne, c. 7. Gould's case.....217 Or if she steal it in her own house, Macdaniel's case .............. ............338

5 A house under repair, but not inhabited, is not the dwelling-house of the owner, though part of his property be deposited therein, if neither the owner nor any part of his family had previously inhabited it, Lyon Lyon's case..............185 GA garret made use of as a workshop, and rented with a sleepingroom by the week, is the house of the tenant, if the landlord do not sleep under the same roof, Carroll's .......237

case

7 For where the owner, not being resident therein, lets out the whole house to several each persons, apartment is the mansion of each respective inmate; although the

owner rents a cellar at so much a week, from the person who had taken that and other apartments from him at so much a year, Rogers's case .89 SA house, the whole of which is let out in lodgings, and has one outer door common to all its inmates, is the mansion-house of its several inhabitants, Trapshaw's case......427 9 Lofts over coach-houses and stables, converted into lodging-rooms, are the mansion-houses of their respective inhabitants, if there be a common outer-door, Thomas Turner's case....... .......305

10 The name of the owner of the house is essential in an indictment for burglary and stealing in the dwelling-house, White's case .........252

11

But in an indictment on the Black Act for shooting at another in any dwelling-house or other place, it does not seem necessary that the name of the owner of the house should be stated, though if stated, they must be strictly proved, Harris's case............. ......352, notis.

12 But in an indictment for robbing in a dwelling-house it is not neces.352 sary, Pye's case............. 13 An indictment for stealing from the Invalid-office, at Chelsea, the ground-floor of which was used by the Paymaster-General for the business of the office, but the upper part was wholly occupied by one of the officers, and the rent and taxes paid by Government, must lay it to be the house of the King, Peyton's case.. ...324

.....

17 But where a Company of Blanket

Manufacturers, all living at Whitney, took a house in London, and paid the rent and taxes of it, but gave up the occupation of the dwelling part of it to a person who acted as their agent, upon an annual salary, lessened by his being permitted to live free of rent and taxes in the house, it was held to be the house of the agent in a case of burglary; for that the law of burglary was intended to protect the repose of the actual occupier, and

not merely the property of the legal .........930 owner, Margett's case..

18 So if any of the City Halls be broken into, and the house is occupied by the Clerk of the Company, it may be laid to be his dwellinghouse..... .......931, notis.

19 If in maliciously shooting it be laid to have been in the dwelling-house of John Brewer, proof that the name is James Brewer is a fatal variance, Durore's cuse ...351 20 But it does not appear to be necessary to state the name of the owner of the house in which the offence is committed, ibid.

352, notis.

21 A shop adjoining to and under the same roof with a house, is part of the dwelling-house, although there be no internal communication between the shop and the house, and although no person sleep in the shop, Gibson, Mutton and Wiggs's case, 357 22 Adjoining houses, belonging to two partners, of which the rent and taxes are paid from the joint fund, may still be the respective mansions of each partner, if there be no communication from one to the other, but through the outer doors to the street, Jones's case, 537 23 If a landlord send a bank-note to a lodger up stairs to change, and he, under pretence of going to his banker to get it changed, run away with it, this is not within the 12 Anne, c. 7.; for it is a taking from the person, and not a stealing in the dwelling-house, Campbell's case,

564

24 So where a servant is induced by a ring-dropper to go to an adjacent public-house to concert measures respecting the division of the supposed prize, and put down his master's money on the table, and the prisoner takes it up and absconds, this is not a stealing in the

goods, or chattels, wares or mer"chandises," in a dwelling-house, to the amount of forty shillings, ........693 Dean's case....... 27 A house of which the owner has no further taken possession than by depositing in it sundry articles of merchandise, neither he nor any servant of his having slept therein, is not the dwelling-house of the owner, Harris's case ............701

28 A house into which the owner has only removed his goods, but has not otherwise slept in it himself, or taken personal possession of it, is not his dwelling-house, Norreg Thompson's case ............... .....77Ï

29 If a brewer purchases the lease

and furniture, with a view to let the whole to a tenant, and without any intention to reside in it himself, this is not his dwelling-house, Davis's case. .....876

HUSBAND AND WIFE.

1 If a man and woman conspire together, and the man assume the name of and personate the woman's master, and marry each other in the feigned names with a view to raise a specious title to the master's estate, it is an indictable offence, although persons may marry in any names they please, and the object of the conspiracy is not effected, Robinson's case ............... .........37

2 If a wife consent to a felonious taking of her husband's property, the offender cannot be indicted for the larceny, Harrison's case ...47 3 If a husband return home, after his wife and children are a-bed, with intent to murder her, and

before the Grand Jury return it a true bill, Turner's cuse .........536

A wife, who by her husband's consent aids and assists him in effecting a larceny, cannot be convicted of the offence, Hamilton's case..........351 9 But if a wife utter a forged instrument when he is not present, she may be indicted as a principal on the statute; and if it appear she so uttered it by his instigation, he may be included in the same indictment as an accessary before the fact at common law, Morris's case, 1096

10 A wife may give evidence against a prisoner, although she entertain a hope that his conviction will tend to procure a pardon of her condemned husband, Perreau's case, 127

case

I.

INDICTMENT.

An indictment on 5 Geo. II. c. 30. against a bankrupt for concealing his effects, must charge that the commission had duly issued; that he had notice to attend the Commissioners, or the major part of them; that the five Commissioners were named in the notice to surrender; and not merely that he was required to surrender to "the Commissioners at Guildhall,” Frith's case .10

2 The Court will not quash an indict

ment after the prisoner has pleaded, and the Jury are charged to try it on account of a defect in form, but will put him on his defence, and enter a verdict of acquittal......11 3 Formerly, a prisoner, on his acquittal upon the merits of his case, was intitled ex debito justitia to a copy of the record, but not if the acquittal was owing to defect of form, or the incompetency of witnesses, Brangan's case, 27.

f

4 But now, by an order of the Judges, "no copies of any indictment for felony shall be given at the Old Bailey, without special order upon motion made in open Court. ............... 28, notis. 5 An indictment for perjury at common law need not charge that the offence was wilfully committed; but on the statute 5 Eliz. c. 9. the word wilfully is an essential description of the offence, Cox's case, 71

6 An indictment on the 9 Geo. I. c. 22. for shooting at a mare and colt, need not aver that they are cattle within the meaning of the Act, Paty's case ...............72

For it is, in this respect, an extension of 22 & 23 Car. II. c. 7.....72 7 An indictment for publishing as a true will a certain false, forged, and counterfeit paper-writing, purporting to be the last will of, &c. is good, though by the statutes the offence consist in forging a will, and not a paper-writing, purporting, &c. Birch and Martin's case,