real coin, which is properly called MURDER. graining, Bunning and Pendergrast's 1 Murder is where a person of sound case MISNOMER. ..621 1 To a plea of misnomer, which may MONEY. 476 3 4 1 Guineas, dollars, or Portugal pieces, MOULD. 1 A mould on which is made and impressed the figure of one of the sides of the silver coin is compre hended within the words tool or instrument in the latter clause of the 8 and 9 Will. III. c. 26. Lennard's case..... ........90 2 A mould having only the convex parts of the stamp of a shilling, the head being inverted and the letters reversed, is a mould on which is made and impressed the similitude and stamp of the current coin, ibid. 92 understanding unlawfully kills another of malice, aforethought, either express or implied. If the malice be express, the fact is with the jury; if implied, the fact is with the court, Hazel's case..........383 Accidental homicide cannot be murder, except it happen in prosecution of some illegal act, Hodgson's case........ ..........6 The bodies of executed murderers are, by the common law, at the disposal of the king, Hall's case....21 But by 22 Geo. II. c. 37. the judge who tries a murderer may, after sentence of execution pronounced, order the body to be hung in chains, 22, notis. On a conviction of petty treason, the judgment for dissecting and anatomizing, and the time of execution, ought to be pronounced, although murder only is mentioned in the statute 25 Geo. II. c. 37. 22, notis. 6 But in murder, except in those cases which are within the statute, the time and place of execution are by law no part of the judgment, 22, notis. 7 In cases within the act, judgment shall be given for dissecting and anatomizing only, and not hanging in chains................22, notis. 8 A person who has by a false and malicious accusation of a capital felony procured an innocent man to be convicted, and who is executed in consequence of such conviction, cannot, it is said, be indicted for murder, Macdaniel's case.....44 9 So it is doubted whether death occasioned by the violent perpetration of a rape be murder? Ladd's .....96 case...... 10 If a bailiff be maliciously killed in executing an attachment issued by the county-clerk in a cause in which the county-clerk is plaintiff, it is murder, for such attachment is legal, Richard Baker's case.....112 11 So if a known officer be killed while he is endeavouring to arrest a man, upon a blank warrant it is murder ..........115, notis. 12 A woman who, in a transport of passion, kills a peace officer who is about to take the man she cohabits with to prison, under a warrant which turns out to be illegal, is guilty of murder, Mary Ady's case, 208 who committed the offence, all must be acquitted, The Ipswich case..388 18 A person indicted for petty trea son and murder, combined in one count, may be found guilty of the murder and acquitted of the treason, Radbourne's case.............457 19 On the trial of an indictment for murder, the death of the person charged to have been killed must be positively proved, and cannot be collected from the circumstances, Hindmarsh's case..................569 1 MUTUS ET SURDUS. The defect of being deaf and dumb may, as to the trial of an offender, be obviated, if he can communicate and receive ideas, through the intervention of others, by signs and tokens, Jones's case........ ........102 2 Whether a prisoner stand mute, obstinately, or by visitation of God, is a fact triable instanter by a jury to be returned for that purpose, and if found obstinate the trial in chief may proceed, Mercier's case, A corporation must prosecute by the name of incorporation; the ad- 3 A variance in the name of the 4 In an indictment on 3 & 4 Will. and Mary, c. 9. for robbing lodgings, the name of the person by whom the lodgings were let must be stated, A. Pope's case........336 case....... 5 But in an indictment on 45 Geo. III. c. 89. for putting away a forged Bank-note, with intent to defraud the Bank, it is not necessary to state the names of the persons to whom the notes were put away, Holden's ..1019 6 If property be stolen, when it reides in trustees who are not incorporated, the indictment must state the names of the trustees, and the nature of the trust, Patrick and Pepper's case..................... ..........253 A peer of Ireland, unless he be a Lord of parliament, cannot sue or prosecute by his name of dignity, but must be described by his proper name, with the addition of his degree and title, Graham's case....547 8 But where an indictment for larceny laid the goods stolen to be the property of "Victoire Baroness Turkheim," and it appeared that she always went by that name, though her real name was Selina Victoire, and Baroness Turkheim her title only, it was held good, E. Sull's case.................. .861 9 A letter signed by two initials, as R. R. is a letter "without a name 1 If a person employed by the executors of a public accountant to settle the account of the testator with government, procure fabricated vouchers and deliver them to the Navy Board, in order to exonerate the estates of the testator from an extent, it is a forging and uttering within 2 Geo. II. c. 25. Thomas's case, 877 1 NAVIGABLE RIVER. By 24 Geo. II. c. 45. whoever shall steal any goods, wares, or mer chandises of the value of forty shillings, in any vessel on a navigable river, shall suffer death without clergy.... 2 Dollars, or Portugal money not current by proclamation, are not goods, &c. within the meaning of this statute, Leigh's case..........52 3 Stealing goods from on board a barge aground in Limehouse Dock, 2 An indictment on the 7 Geo. II. c. 22. must state that the assault was made with an offensive weapon, William Thomas's case............330 3 A common whip is not an offensive weapon within the meaning of the Black Act, Fletcher's case.......................... ORDER. .23 1 Forging an order in the name of a silversmith for the re-delivery of plate from Goldsmiths' Hall, in these terms, "Please to deliver my "work to bearer, L. B." is an order within 7 Geo. II. c. 22. although neither the pieces of work, nor the weight of each is, as usual, stated, .......53 Jones's case 2 A forged order on á banker for payment of money, purporting to be made by a person who kept cash at the house, is within the statute, though made in a fictitious name, or in the name of a person who had no authority to draw on this house, Lockett's case...............94 3 But a note, in the name of an overseer of the poor, toa shopkeeper "desiring him to let the prisoner have a pair of stockings, &c. which he would see him paid for," is neither a warrant or an order within the statute, but a mere request, with which the shopkeeper might have refused to comply, Mitchell's case, 95,notis. 4 So a note, "Please to let the bearer G. W. have twelve barrels of tar, and in so doing you will oblige yours, &c." is not within the statute; the person whose name was forged to it, not being the owner of any tar, or having any authority to make such order; for in such case no other person's right is usurped, Williams's 114 case.. 5 So a note" Please to send 107. by the bearer as I am so ill I cannot wait on you," is not an order for money, but a mere letter, rather requesting a loan, than ordering payment of money; no right to make such an order appearing on the face of it, Ellor's case......323 It must appear that the person whose order it purports to be, had authority to make it, and therefore an indictment stating an order to deliver goods, purporting to be signed by one who was alleged to be the servant of the owner, without shewing that he had authority to 6 3 7 An order purporting to be the order " All orders for the delivery of goods to be within 7 Geo. II. c. 22. must purport to be the order of the owner of the goods, or of some person who has or claims an interest in, or who has or assumes a disposing power over such goods, and takes upon him to transfer the property or custody of them to the person in whose favor such order is made, 544 P. PAID NOTE. 1 If a Bank-note be paid, and cancelled in the usual form, and placed on the file, and a clerk of the Bank take it off the file, conceal the cancel mark, put it into circulation, and embezzle its produce, he may 2 be indicted on 15 Geo. II. c. 13. PARDON. If a general pardon come out between the time of arraignment and trial, prisoners shall have the advantage of it, although they neglect to plead it at the time of trial, Haines's case .........40 On allowing a pardon which has been neglected to be taken advantage of in due time, the Court will order the prisoner to pay the prosecutor his costs, Haines's case...41 8 The king's sign-manual cannot be pleaded as a pardon; for a pardon must be pleaded sub pede sigilli, Gully's case......... .98 |