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Reg. v. Marshall : Embezzlement Reg. v. Rogers and others :-Larceny-
Clerk or servant-Commission 490

Jurisdiction Transmission of
Martin :- Manslaughter Evi-

stolen property into another county
dence ...

136 Railway-24 & 25 Vict. c. 96,
Martin : - Coining -- Felony

s. 114 ...

38
Having possession of counterfeit

Roxburgh:--Assaulting a police-
coin after previous conviction-

constable - Resistance of removal
Course of proof at trial-24 & 25

from a house-Lawfulness of con-
Vict. c. 99, ss. 12 and 37

343 stable's use of force for the purpose
Mayle :-Embezzlement-Clerk

- Practice -- Felonious assault
or servant-Volunteer

150 Discharge of jury and conviction for
Meakin : False pretences

a common assault, with a view to
Representation that goods were un-

compensation

8
encumbered

270 Rugg :-Neglect to provide child
Mockford :-Larceny-Stealing

with proper food Ability of a
from a large quantity-Inability to

parent to provide-Evidence--In-
swear to any loss
16 dictment

16
Monaghan and Granger :- Mis-

Ryland :-Carnal knowledge of
demeanour-Endangering safety of

a girl between ten and twelve-In-
passengers on railway-24 & 25

dictment-Attempt

101
Vict. c. 100, s. 34

608

Selten :--Murder-Implied ma-
Mopsey :-Forgery-Bill of ex-

lice Provocation Receiving a
change-No signature of drawer ... 143 blow

674
Naylor :-- Perjury- Materiality 13

Shaw :
Lunatic

Receiving
Newbold (Inhabitants of) :

into an unlicensed house-8 & 9
Highway-Repair-Evidence as to

Vict. c. 100, s. 90

109
liability of parish to repair

231

Sheppard and others :-Indict-
Nugent :-Escape - Habeas Cor.

ment under 24 & 25 Vict. c. 97, s. 10
pus Act-Warrant--Arrest-Prac-

- Explosive substance in condition
tice

64 to explode—Whether necessary 302
Parker :- Depositions - Magis-

Shepherd :-Malicious injury to
trate's signature—Pleading-Sur-

trees—Damage exceeding 51.—24 &
plusage
478 25 Vict. c. 95, s. 32 ...

119
Pearson :-Assault-Question of

Shepherd and others : - Con-
title to land — Excess of force-

spiracy--6 Geo. 4, c. 129, and 22 Vict.
Jurisdiction of justices—24 & 25 c. 34--Conspiracy to force workmen
Vict. c. 100, ss. 42, 46
493 to leave their employment...

325
Phillips :-Juror summoned in

Shickle:-Larceny-Young par-
error, but not returned Prac-

tridges

189
tice

142

Smith:-

Perjury-Evidence-
Prince :-Larceny-Agent part-

Affiliation case--Summons

10
ing
with property

193

Smith:-Manslaughter-Indict-
Prince :-Larceny-Adulterer-

ment--Act of omission-- Private
Venue

145

servant-Tramway crossing turn-
Raudnitz - Evidence

• Lou-
pike road

210
don Gazette"_Production

360 Smith:— Feloniously receiving
Reed and others :-Indecency-

-- Partners—24 & 25 Vict. c. 96,
Bathing near a public footway-

s. 91, and 31 & 32 Vict. c. 116,
Usage at such a place
1 s. 1

511
Redford : Embezzlement

Spoor :-Coroner's inquisition-
Master and servant-Benefit Build-

Witnesses for prisoner-Practice ... 550
ing Society - Secretary-Trustees 367 Stainer: Trades union - Em.
Rendle and another :-Practice

bezzlement of funds by its officers
Grand jury-Witness-Evidence... 209 -32 & 33 Vict. c. 61, s. 44 ... 483
Richards :-Threat-Evidence---

Stancliffe:-Restitution of stolen
24 & 25 Vict. c. 96, s. 47

43 goods—24 & 25 Vict. c. 96, s. 100-
Ritson and Ritson :-Forgery-

False pretences

318
Deed-Antedating

352 Steels :- False pretences-Pos-
Roe :
- Larceny - Birds ferce

session of goods obtained by evi-
naturce-Indictment--Evidence 554

dence ...

5

PAGE

PAGE

44

Reg. v. Stephens and Stephens :--Trial Reg. v. Tyson:-Perjury—Materiality-
- Defence by counsel -- Prisoners

False evidence- Alibi

1
themselves addressing the jury-

Wade: - Larceny-Taking under
Their counsel afterwards addressing claim of right-Question for the jury 549
the jury

669

Walne : False pretences
Stopford :-Wounding-Griev- Cheque not to be presented until a
ous bodily harm

643 future day-Direction to a jury 647
Sullivan and Pigott :-Sedition

Warburton :-Conspiracy to de-
and seditious libel-Definition and

fraud a partner

584
description - Seditious writings

Webb:-Witness-Prisoner un-
copied from foreign newspapers-

der sentence of death-Incapacity 133
Intent of publication

Welsh :-Murder - Provocation
Summers :-Term of penal ser-

--Manslaughter

336
vitude - Misdemeanour - Previous

· Western :- Indictment Mis-
conviction — 27 & 28 Vict. c. 47,

description of justices before whom
s. 2

248 perjury is alleged to have been com.
Sven Seberg :-Offences on the

mitted-Amendment

93
high seas — - British ship - Proof

Westley :- Assault - Previous
thereof—17 & 18 Vict. c. 104, s. 106 520 dismissal Certificate of magistrate
Tate:-Perjury- Materiality-

-24 & 25 Vict. c. 100, s. 44- Re-
Relevancy to the legal charge

7 cital of information and summons 139
Taylor:- Misdemeanour - Ma-

Westmoreland (Justices of):-
liciously wounding – Inflicting Quarter sessions-Adjournment of
grievous bodily harm Common

business-Adjourning over an inter-
assault
261 mediate sessions

172
Taylor :- Practice - Postpone-

-Williams :-Concealment of birth
ment of trial...

340 -Identification of body of child 684
Thomas :- Misdemeanour under

Williamson :-False pretences-
the Debtors Act, 1869 (32 & 33 Vict. Misrepresentation as to value of
c. 62), s. 11, sub-sect. 15—Evidence

business

328
-Costs

535 Wolstenholme:--Embezzlement
Thompson :
-Housebreaking im-
-Secretary of company

313
plements-24 & 25 Vict. c. 96, s. 58 Shaw (app.) v. Morley (resp.) :-Betting
- Possession...

362 Houses Suppression Act--16 & 17
Toole :- Treasure trove-Indict-

Vict. c. 119-Office or place

128
ment

75 Walker v. The Mayor of London
Turner : Embezzlement

Writ of restitution Larceny
“ Clerk or servant "-Commission 551 Jurisdiction of Court of Queen's
- Tymms : - Power of judge to

Bench-24 & 25 Vict. c. 96, s. 100 280
amend indictment-Perjury-14 & Whiteley (app.) v. Chappell (resp.) :-
15 Vict. c. 100, s. 1 ...

645 Board of guardians—False persona-
Tyrie : - Embezzlement

tion of a voter-14 & 15 Vict. c. 105,
Friendly society-Treasurer 241 8. 3

307

REPORTERS.

CRIMINAL APPEAL CASES, before all the Judges, by J. THOMPSON, Esq. ;
CENTRAL CRIMINAL COURT, by W. F. FINLAson, Esq.;
NORTHERN CIRCUIT, by H. F. THURLOW, Esq. ;
WESTERN CIRCUIT, by T. W. SAUNDERS, Esq. ;
OXFORD CIRCUIT, by John Rose, Esq.;
HOME CIRCUIT, by W. F. FINLASON, Esq. ;
MIDLAND CIRCUIT, by H. F. POOLEY, Esq. ;
NORFOLK CIRCUIT, by J. W. COOPER, Esq. ;
IRELAND, by W. MULHOLLAND, Esq. ;

Barristers-at-Law.

REPORTS

OF

Criminal Law Cases.

COURT OF CRIMINAL APPEAL.

November 16 and 23, 1867.

(Before Kelly, C.B., WILLES, J., BRAMWELL, B., Byles, J., and

Lush, J.)

REG. v. THOMAS Tyson.(a)

Perjury-Materiality-False evidence-Alibi. 8. was indicted for robbery committed on April 13, at 8.45 p.m., and

the prisoner, a witness to prove an alibi on the trial of that indictment, swore that S. was in a house at a distant place at that time, and that S. had lodged at that house nearly two years, and had never been away for more than two or three nights at a time during the period. The prisoner was indicted for perjury on that evidence, and convicted on the assignments of perjury, as to S. having lodged at the house for two years, and never having been away more than two or three nights at a time : Held, that the evidence on these points was material as tending to

induce the jury to give greater credit to the material fact of S.

being there on the 13th of April at the time in question. CASE ASE reserved for the opinion of this Court by the Right

Honourable the Recorder of the City of London. At a session of the Central Criminal Court, held on the 10th of June, 1867, and following days, Thomas Tyson was tried before me on an indictment for perjury. It was alleged in the indictment and appeared

in evidence that, at the May session of the Central Criminal Court, one Owen Sullivan was tried for a robbery, and that upon that trial Tyson

(a) Reported by JOHN THOMPSON, Esq., Barrister-at-Law.

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REG.

V. THOMAS Tyson.

was called as a witness on behalf of Sullivan. The indictment went on to allege that upon the trial of Sullivan it was material to ascertain whether Sullivan was or was not at a house numbered

20 in Mint-street, in the borough of Southwark, on the evening 1867.

of the 13th of April, 1867, between the hours of eight o'clock Perjury, and ten o'clock, and whether Sullivan had lived at same house for Evidence.

two years then last past, or from March, 1865, to March, 1866 ; and that Tyson falsely swore as such witness, first, that on the 13th of April, 1867, Sullivan came to 20, Mint-street at half-past eight in the evening, and did not go out again that evening; secondly, that Sullivan had lived in the said house for two years then last past; and thirdly, that during the whole of that time Sullivan had never been absent from the same house for more than three nights together.

Perjury was assigned upon each of the above allegations, and the prisoner was convicted on the last two.

The second and third allegations were distinctly contradicted by the oaths of two warders of the Wandsworth House of Correction, who proved that Sullivan was under their charge in that House of Correction from March, 1865, to March, 1866.

The prisoner was undefended, and a question was raised whether the averments of the defendant were material on the trial of Sullivan. Counsel for the prosecution contended that they affected Tyson's credit as a witness on Sullivan's trial.

I reserved the question for the consideration of the Court, whether the two last allegations of Tyson, upon which perjury was assigned, were sufficiently material on the trial of Sullivan to support the indictment for perjury in respect of them. The defendant is in prison awaiting judgment.

RUSSELL GURNEY, Recorder of London.

At the suggestion of the Court the case was amended by annexing the following copy of the Common Serjeant's notes of the trial of Sullivan,

William Pearce, of 12, Windsor-terrace, said :-On the 13th of April, at 8.45 p.m., I was in the Dover-road going to the train. I was passing Leicester House, felt a man seize me and pull me round, and I looked up and saw the man's face, and two others laid hold of me and pinioned my arms, rifled my pockets, took away my watch, a sovereign and 27s. silver, and then they all ran away, and I fell down. I caught the man's eyes, and am sure he is the man. I got up, ran after them to the corner of Kent-street, and lost sight of them. On the following Tuesday I saw prisoner and five others, and I at once picked him out. He said, “I was not there; it was Bandy and some other.” I said, “I know there were two others."

Cross-examined: I am positive. I could not swallow anything for a fortnight, my throat was so pinched. I looked up at the man's face. I never saw him before. I did not see the faces of the others.

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