OFFENCE. PUNISHMENT. SUBSEQUENT FELONY-continued. TENANT-(See title LARCENY, ante, p. 206). THREATENING LETTERS-(See title THREATS, post p. 432). Sending ("send or deliver ") any letter or writing, with or without any signature subscribed thereto, or with a fictitious name or signature, threatening to KILL or MURDER any of her Majesty's subjects, or to BURN OF DESTROY his or their houses, outhouse, barns, stacks of corn or grain, hay or straw." (F). 4 Geo. IV. c. 54, s. 3. [Repealed by 7 & 8 Geo. iv. c. 27, s. 1, except so far as above mentioned.] Transportation for LIFE, or not less than SEVEN years, or imprisonment, with or without hard labour, not exceeding SEVEN years. 39 & 40 Geo. iii. c. 89, s. 2; 56 Geo. iii. c. 138, s. 2, having in possession naval stores, is made liable to a fine of two hundred pounds, together with costs of prosecution; one moiety to the Queen and the other to the informer, (see 1 Esp. 95, 116; 9 Geo. i. c. 8, s. 5), and imprisonment until the fine be paid; 9 & 10 Wm. iii. c. 41, s. 2; and also whipping or imprisonment, or both, at the discretion of the Judge before whom the defendant shall be convicted; 39 & 40' Geo. iii. c. 89, s. 2. The Judge may mitigate the above penalty, Id. For a second offence, the prisoner shall be transported fourteen years, Id. s. 5; but the Judge may mitigate the penalty. Id. s. 7. See a Prec. of Indict. Arch. C. L. EVIDENCE. OBSERVATIONS. previous felony; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerks of the court or other officer having the custody of the records of the court where the offender was first convicted, or by the deputy of such clerk or officer, together with proof of the identity of the person of the prisoner, is sufficient evidence of the first conviction, without proof of the signature or of the official character of the person appearing to have signed the same. In order to prove the identity, it is sufficient to prove that the prisoner underwent the sentence mentioned in the certificate; it is not essential to call a witness who was present at the trial (b). (b) Croft's case, 9 C. & P. 219. Give the "letter or writing' in evidence-prove that the defendant "knowing and wilfully" sent or delivered it as charged; (see p. 430, n.) Rosc. Cr. Ev. 2 ed. 866; Arch. 8 ed. 606. Prec. of Indict. Id. 605; Matt. C. L. 535. Venue Indictment-variance. See p. 428, n. Whether or not the letter amounts to a threat to kill or murder, etc., .within the words of the statute, is a question for the jury (a). No intent to extort money is required by this act to constitute the offence. Under the repealed statute, the words of which were "to burn the dwelling-house, out-houses, etc.," it was held that a letter in which the writer threatened to do all the injury he was able to the farms of the prosecutor, as it did not necessarily imply that the injury to them was to be effected by fire, was not within the act (b). The words in this statute are "burn or destroy." The more extensive words of this section, render unimportant the decisions upon the old acts, as to what was "a letter without a name, or with a fictitious name." (c). (a) Girdwood's case, 2 East, P. C. 1121; 1 Leach, 142; Boucher's case, 4 C. & P. 563; Tyler's case, 1 Mood. C. C. 428. (b) Jepson's case, 2 East, P. C. 1115. (c) Robinson's case, 2 Leach, 749; 2 East, P. C. 1110; Heming's case, Id. 1116. 8 ed. 543; Matt. C. L. 533; and Bland's case, 2 East, P. C. 760; 5 T. R. 570; Bridge's case, 8 East, 53. As to what a defendant may show in excuse for having in possession, see 9 & 10 Wm. iii. c. 41, ss. 1, 2, 4, 8; 39 & 40 Geo. iii. c. 89, ss. 3, 25, 26; and Fost. 432; 2 East, P. C. 765; Banks' case, 1 Esp. 145. See the statutes set out, Arch. C. L. 8 ed. p. 536, et seq.; Matt. C. L. p. 387. By the 9th & 10th Wm. iii. c. 41; 39 & 40 Geo. iii. c. 89, s. 4, wilfully and fraudulently defacing marks denoting the property of His Majesty, is punishable with transportation for fourteen years, or public whipping, fine, or imprisonment, or any one or more of them. Prec. of Indict. Matt. C. L. 534. See a OFFENCE. PUNISHMENT. THREATENING LETTERS-continued. 7 & 8 Geo. IV. c. 29, ss. 4, 8. Transportation for LIFE, or for not less than SEVEN years; or imprisonment for not more than FOUR 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; and if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the Court shall think fit. Venue-indictment.]—The venue may be laid either in the county in which the letter was first sent, or in which it was delivered. A letter was dated, and proved to have been sent by the post, from Maidstone in Kent, and delivered in Middlesex; held that the whole was the act of the defendant, and that therefore this was a sending both in Kent and Middlesex ('). The indictment must set forth the threatening letter (1) Esser's case, 2 East, P. C. 225, (12); Girdwood's case, 2 1125; see Burdett's case, ante, p. East, P. C. 1120. EVIDENCE. Give the "letter or writing' in evidence-prove the "knowingly" sending or delivering by the prisoner; see p. 430, n.the nature of the letter or writing, and that it contains a demand with menaces, and without any reasonable or probable cause; see Observations, infra-that the demand is of some "chattel, money, or valuable security." Rosc. Cr. Ev. 2 ed. 862; Arch. 8 ed. 602. Prec. of Indict. Id. 601; Matt. C. L. 536. 66 OBSERVATIONS. Venue-Indictment]-See p. 428, n. The words of the statute are any letter or writing;" the questions therefore which arose under the prior acts as to the mode of signature are immaterial (a). In one case the Judge ordered the letter to be deposited in the hands of the clerk of the peace, in order that the defendant's witnesses might inspect it before the trial (b). As to what is a sending or delivering within the statute, see p. 430, n. The demand need not be in express words; it is sufficient if it appear from the whole tenor of the letter. Where the letter contained a request only, but intimated that if it were not complied with, the writer would publish a certain libel then in his possession, accusing the prosecutor of murder; this was holden a demand (c). But a mere request, as asking charity or the like, without imposing conditions, would not come within the meaning of the word demand (d). Where an anonymous letter stated that the writer had overheard persons agree to do an injury to the person and property of the prosecutor, and that if thirty sovereigns were laid in a particular place, he would give information that would frustrate the intent; it was holden, not a threatening letter within this section (e). Whether the demand is "with menaces and without any reasonable or probable cause," is a question for the jury (ƒ). It must be of a "chattel, money, or valuable security;" and the proof must support the allegation as to what was demanded. Where the indictment charged that the prisoner intending to extort money, sent a threatening letter, and it appeared that it was for the purpose of extorting a promissory note; it was held, that this did not support the indictment (g). In cases of doubt, the thing demanded may be stated differently in separate counts. (a) See ante, p. 427 (c).. (b) Harries' case, 6 C. & P. 105, per Bolland, B. (c) Robinson's case, 2 East, P.C. 1110; 2 Leach, 749. (d) Id. per Buller, J. (e) Pickford's case, 4 C. & P. 227. (f) See ante, p. 427 (a). (g) Major's case, 2 East, P. C. 1118; 2 Leach, 772; see Edwards' case, 6 C. & P. 515. (2); and this must be with accuracy, as a variance would be fatal (3). A letter, stating, "If you had your deserts, you should not live the week out; I shall be with you shortly, and then you shall nap it," and signed, "I am your cut-throat;" was held so plainly to convey a threat to kill and murder, as not to need any inuendo to explain it (4). An indictment for threatening to accuse of a crime, under 7 & 8 Geo. iv. c. 29, s. 8, (2) Lloyd's case, 2 East, P. C. 1124. (3) See Arch. C. L. 8 ed. 99. OFFENCE. PUNISHMENT. Transportation for LIFE, or for not less than SEVEN years; or imprisonment for not more than FOUR 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; and if a male, to be once, twice, or thrice, publicly or privately whipped, in addition to the imprisonment, if the Court shall think fit. THREATENING LETTERS-continued. 7 & 8 Geo. IV. c. 29, ss. 4, 8. need not describe the accusation in strict technical language (5); or for sending a letter threatening to accuse a man of an infamous crime, need not specify such crime, for the specific crime the defendant threatened to charge, might be intentionally left in doubt (6). The indictment must allege that the defendant threatened to accuse the prosecutor (7); Where an indictment upon the repealed statute, which used the words, "threaten to accuse," charged the prisoners with "charging and accusing J. N., and with menacing and threatening to prosecute J. N.;" an objection that the indictment did not pursue the words of the statute, was held good; and the Judge said, that if the indictment had followed the statute, and it had been proved that the prisoners threatened to prosecute J. N., he should have left it to the jury to say whether that was not a threatening to accuse him (8). Sending or delivering the letter or writing.]-Proof, that the letter is of the handwriting of the defendant, and that it came to the prosecutor by post (9); that the prisoner dropped the letter upon the steps of the prosecutor's house, and ran away (1o); that the prisoner dropped the letter |