EVIDENCE. OBSERVATIONS. it was said, that "if the wife appears to have taken an active and independent part, and to have endeavoured to conceal the stolen goods more effectually than her husband could have done, she would be responsible for her own uncontrolled offence." In the case where the opinion was expressed, it was held that as the charge against the husband and wife was joint, and it had not been left to the jury to say whether she received the goods in the absence of the husband or not, the conviction of the wife could not be supported, though she had been more active than her husband (i). As to the proof of the particular goods received, see p. 389, n. Guilty knowledge.]-This is usually to be collected from the circumstances of the case, as that the defendant bought them very much under their value (k), or denied their being in his possession or the like; but it is not necessary in order to make up the offence that he should have had any profit or advantage in receiving the goods, whether it be for the purpose of profit or not, or merely to assist the thief, it is precisely the same (l); as if he receive them, for the mere purpose of concealment, without deriving any profit at all, he is just as much a receiver as if he purchased them (m). Evidence of the prisoner having pledged or otherwise disposed of other articles of stolen property beside those mentioned in the indictment, may be given, as proof of the guilty knowledge (n); and this though the other articles have been made the subject of another indictment (o). (i) Archer's case, 1 Moo. C. C. 143. (k) Hale, 619; 2 East, P. C. 765; the fact of a fair price having been paid, goes far to outweigh the presumption of guilty knowledge. (1) Per Gurney, B., Davis' case, 6 C. & P. 178. (m) Per Taunton, J., Richardson's case, 6 Id. 335. (n) Dunn's case, 1 Mood. C. C. 150. (0) Davis' case, ante; see Mansfield's case, p, 389, n. (7). killing a sheep, "with intent to steal one of the hind legs of the said sheep" it was doubted whether this was good, the offence of the principals being quite distinct in its nature from that imputed to the receiver (12). A person may be legally charged in different counts of the same indictment, both as principal felon in stealing and as the receiver of the same goods (13); but when the Judges resolved this, on a case reserved, they were equally divided in opinion, whether in such a case the prosecutor should be put to his election, and unanimously agreed that directions should be given to the clerks of assize not to put both charges into the same indictment (14). Where the principal felon has been convicted, it is sufficient to state in the indictment the conviction, without stating the judgment (15). Such conviction is proved by producing an examined copy of the record of the conviction; and it is not necessary that it should appear from the record that the principal (12) Per Coleridge, J., Wheeler's case, ante. (13) Galloway's case, 1 Mood. C. C. 234. (14) Id. In Madden's case, Id. 277, a great majority of the Judges were of opinion that this rule should be adhered to. (15) Hyman's case, 2 Leach, 925; 2 East, P. C. 782; Baldwin's case, 3 Camp. 265; R. & R. 241; 7 Geo. iv. c. 64, s. 11. OFFENCE. PUNISHMENT. RECEIVING STOLEN GOODS-continued. Receiving" any chattel, money, or valuable security, or other property whatsoever, the stealing, taking, obtaining or converting whereof is made an indictable misdemeanour by this act," the person so receiving "knowing the same to have been unlawfully stolen, taken, obtained or converted." (M.) 7 & 8 Geo. IV. c. 29, ss. 4, 55. [As to the punishment of receivers where the stealing is punishable on summary conviction, see 7 & 8 Geo. iv. c. 29, s. 60.] Transportation for SEVEN years, or imprisonment not exceeding two years, with or without hard labour, and with or without solitary confinement; the latter qualified by 1 Vict. c. 90, s. 5, ante, p. 3: if a male to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the Court shall think fit. Restitution may be awarded; see p. 393, n. [By section 55 the receiver may be indicted and convicted, whether the principal shall or shall not have been previously convicted, or shall or shall not be amenable to justice.] Receiving POST-OFFICE Letters.--(See ante, p. 374.) Receiving goods stolen from a ship or vessel on the river Thames. —(See p. 393, n. infra.) -Receiving anchors, goods, etc., weighed up.-(See p.393, n. infra.) RECORDS, stealing, etc. (See title LARCENY, ante, p. 172.) - forging. (See title FORGERY, ante, pp. 130, 135, n.) Certifying as true any false copy of a record by any servant of the Public Record Office.-(See 1 & 2 Vict. c. 94, s. 19.) REGISTER (false).-(See title FORGERY, ante, p. 138.) was attainted; if it appear that he was convicted, is sufficient (16). Though the record be erroneous, it is good evidence against the accessary until reversed (17). If the indictment state not the conviction but the guilt of the party, it seems doubtful how far the conviction would be any evidence of guilt (18). The party charged as receiver may, however, controvert the guilt of the principal felon, even after his conviction, and though that conviction is stated in the indictment (19). (16) Hyman's case, 2 Leach, 925; 2 East, P. C. 782; Baldwin's case, 3 Camp. 265; R. & R. 241; 7 Geo. iv. c. 64, s. 11. (17) Id. (18) Turner's case, 1 Mood. C. C. 347; see ante, p. 347, (b). (19) Fost. 365; Smith's case, 1 Leach, 288; Prosser's case, Id. 290, n. EVIDENCE. Prove the principal offence as charged-the receiving by the prisoner; see Observations, ante, p. 387-his guilty knowledge; see Observations, ante, p. 391. Rosc. Cr. Ev. 2 ed. 804: Arch. 8 ed. 270. Prec. of Indict. Id. 269; Matt. C. L. 526. OBSERVATIONS. Venue, etc., see ante, p. 386, n. The indictment must allege the goods to have been obtained by false pretences, and known to have been so; it is not enough to allege them to have been unlawfully obtained, taken, and carried away" (a). As to what is included under the term "valuable security," see ante, p. 190. By section 57 of 7 and 8 Geo. iv. c. 29, the owner of property prosecuting the receiver or thief to conviction, is entitled to restitution of his property, except in the case of a valuable security bona fide paid or transferred, if a negotiable security for a valuable consideration (20). By the 2d Geo. iii. c. 28, s. 12, buying or receiving goods stolen from a ship or vessel on the river Thames, knowing them to be stolen, is made punishable with transportation for fifteen years; and a conviction may be had although the principal felon has not been convicted of stealing or unlawfully procuring the same. See Wyer's case, 2 T. R. 77; 1 Chit. Burn. 35. By the 1st & 2d Geo. iv. c. 75, s. 12, buying or receiving anchors, cables, goods or merchandize, weighed up, is a misdemeanour punishable as such, or with transportation for seven years. See also 1 & 2 Geo. iv. c. 76. (20) See Stanton's case, 7 C. & P. 431; Powell's case, 7 Id. 640. OFFENCE. REGRATING. PUNISHMENT. Fine or imprisonment, or both. COM. LAW. RESCUE. (See title ESCAPE, ante, p. 94.) COM. LAW. 1 & 2 Geo. IV. c. 88, s. 1. [As to rescuing murderers while proceeding to execution -offenders under sentence of transportation from custody of superintendent-offenders from particular prisons; see note, infra.] Fine or imprisonment, as for a misdemeanour, if the party rescued be not convicted of the offence for which he was in custody (a); if convicted of high treason, the rescue is the same offence; if for felony, the rescue is felony; if for a misdemeanour, a misdemeanour (b). If the rescuer be convicted of felony, the court may adjudge him to be transported for SEVEN years; or to be imprisoned with or without hard labour for not less than one nor more than three years (c). See 7 & 8 Geo. iv. c. 28, s. 10, as to the punishment of parties already. under a sentence, ante, p. 2. (a) 2 Hawk. c. 21, s. 8. case, (c) 1 & 2 Geo. iv. c. 88, s. 1. By the 25th Geo. ii. c. 37, s. 9, rescuing, or attempting to rescue, a person convicted of murder, whilst proceeding to execution, or rescuing out of prison a person convicted for murder, is felony, and by 7 Wm.iv. and 1 Vict. c. 91, ss. 1, 2, is now made punishable with transportation for life, or for not less than fifteen years; or imprisonment not exceeding three years, with or without hard labour, and with or without solitary confinement, not exceeding one month at a time, nor three months in one year. By 5 Geo. iv. c. 84, s. 22, rescuing offenders under sentence of EVIDENCE. Prove the purchase and resale of the goods as charged in the indictment (a). Rosc. Cr. Ev. 2 ed. 437; Arch, 8 ed. 621. Prec. of Indict. Id.; Matt. C. L. 476. (a) The indictment should specify the quantity of each article, but it need not be proved as laid. R. v. Gilbert, 1 East, 583. Nor Prove the charge before a magistrate — the warrant and custody of the party named by a constable, or the conviction before a court and jury (d), and the imprisonment as may be charged-the forcible rescue by the defendant as stated in the indictment. Rosc. Cr. Ev. 2 ed. 815; Arch. 8 ed. 557. Prec. of Indict. for rescuing a felon from a constable, Id.; Matt. C. L. 469. OBSERVATIONS. The statute 5 & 6 Ed. vi. c. 14, describes this offence to be the buying of corn or other victual in any market, and selling it again in the same market, or in any other market within four miles thereof. This stat. was repealed by the 12th Geo. iii. c. 71, leaving the offence as it stood at common law (b). need it appear that a profit was made by the re-sale. (b) See 1 East, 143. See the analagous offences of breach of prison, ante, p. 97; and aiding prisoners to escape, ante, p. 100. The provisions by statute as to the venue in this offence, are the same as there stated; and also as to the proof of conviction. In order to make the offence of rescuing a party felony, it must appear that he was in custody for felony or suspicion of felony, but it is immaterial whether he was in the custody of a private person or an officer, or under a warrant of the justice of the peace, for where the arrest of a felon is lawful, the rescue of him is felony (e). If the party rescued were in the custody of a constable or sheriff, or in prison, the rescuer is bound to take notice that he is under arrest for a felony; but if he be in the custody of a private person, it seems necessary that the party rescuing should have knowledge that the other is under arrest for felony (ƒ). If the party rescued was imprisoned for felony, and rescued before indictment, the indictment for the rescue must [See a precedent of indictment for rescuing a distress for rent, Cro. Cir. Com. 409; for rescuing cattle (taken damage feasant) out of a pound, Id. 410. Bradshaw's case, 7 C. & P. 233. (d) See ante, p. 97. (e) 1 Hale, 606. (f) Id. transportation from the custody of the superintendent, etc., conveying them, is punishable in the same manner as if the party had been confined in gaol. By 1 & 2 Vict. c. 82, rescuing offenders confined in Parkhurst Prison is felony; and as no punishment is by that act provided, it will therefore be, by 7 & 8 Geo. iv. c. 28, ss. 8, 9, ante, p. 1. See other statutes referred to, ante, p. 100, as to the rescue or aiding of prisoners to escape. |