and peaceable subjects of our said Lady the Queen, to the evil example of all others in the like case offending; against the form, &c. ROBBERY. See "Larceny." SACRILEGE. See "Larceny." SODOMY. Indictment for Sodomy (24 & 25 Vict. c. 100, s. 61). to wit. The jurors for our Lady the Queen upon their oath present, that A. B., on the day of A.D. in and upon one C. L. feloniously did make an assault, and then feloniously, wickedly, and against the order of nature, had a venereal affair with the said C. L., and then feloniously carnally knew him the said C. L., and then feloniously, wickedly, and against the order of nature, with the said C. L. did commit and perpetrate that detestable and abominable crime of buggery, against the form, &c. Indictment for an Attempt to Commit (24 & 25 Vict. c. 100, s. 62). Commence as in the preceding precedent]-in and upon one C. L. did make an assault, and him the said C. L. did then beat, wound, and ill-treat, with intent that detestable and abominable crime called buggery, with the said C. L., feloniously, diabolically, and against the order of nature, to commit and perpetrate; against the form, &c. STOLEN PROPERTY. See "Receiving Stolen Property." SUBORNATION OF PERJURY. SUICIDE, ATTEMPT TO COMMIT. THREATENING LETTER. See "Larceny," "Letter, Threatening." TREASONABLE FELONY. Indictment for conspiring to depose the Queen (11 & 12 Vict. c. 12, s. 3). } day of The jurors for our Lady the Queen upon their oath to wit. present, that A. B., C. D., and E. F., not regarding the duty of their allegiance, but wholly withdrawing the love, obedience, fidelity, and allegiance which every true and faithful subject of our said Lady the Queen does and of right ought to bear towards our said Lady the Queen, on the in the year of our Lord and on divers other days as well before as after that day, together with divers other evil-disposed persons to the jurors aforesaid unknown, feloniously and wickedly did compass, imagine, invent, devise, and intend to deprive and depose our said Lady the Queen from the style, honour, and royal name of the imperial crown of the United Kingdom of Great Britain and Ireland; and the said felonious compassing, imagination, invention, device, and intention, then feloniously and wickedly did express, utter, and declare by divers overt acts and deeds hereinafter mentioned, that is to say :-In order to fulfil, perfect, and bring to effect their felonious compassing, imagination, invention, device, and intention aforesaid, they the said A. B., C. D., and E. F. afterwards, to wit, on the said day of in the year aforesaid, and on divers other days and times as well before as after that day, feloniously and wickedly did conspire, consult, confederate, assemble, and meet, together with divers other evil-disposed persons to the jurors aforesaid unknown, to raise, make, and levy insurrection and rebellion against our said Lady the Queen within this realm; and further to fulfil, perfect, and bring to effect, &c. [proceeding to state other overt acts in the like manner; and conclude the count thus]: in contempt of our said Lady the Queen and her laws, to the evil example of all others in the like case offending; against the form, &c. Add counts charging a compassing to levy war, in order to compel the Queen to change her measures and councils, or otherwise according to the facts. If the overt acts consist in the publishing of any printing or writing, state them thus:-" did express, utter, and declare, by then feloniously publishing in a certain newspaper called the tain printing, that is to say " [setting it out]. TREASON, HIGH. cer This offence (now limited by the 11 & 12 Vict. c. 12) is happily so rare that it is not neces 199 DEMURRERS, REPLICATIONS, &c. Demurrer to an Indictment. And the said A. B. in his own proper person cometh to wit. into court here, and having heard the said indictment read, saith, that the said indictment and the matters therein contained in manner and form as the same are above stated and set forth, are not sufficient in law, and that he the said A. B. is not bound by the law of the land to answer the same, and this he is ready to verify. Wherefore, for want of a sufficient indictment in this behalf, the said A. B. prays judgment, and that by the court he may be dismissed and discharged from the said premises in the said indictment specified. to wit. Replication to the above. And E. F., who prosecutes for our said Lady the Queen in this behalf saith, that the said indictment and the matters therein contained in manner and form as the same are above stated and set forth, are sufficient in law to compel the said A. B. to answer the same; and the said E. F., who prosecutes as aforesaid, is ready to verify and prove the same as the court here shall direct and award. Wherefore, inasmuch as the said A. B. hath not answered to the said indictment, nor hitherto in any manner denied the same, the said E. F. for our Lady the Queen prays for judgment, and that the said A. B. may be convicted of the premises in the said indictment specified. } Plea of Autrefois Acquit. And the said G. H. in his own proper person cometh to wit. S into court here, and having heard the said indictment read, saith that our said Lady the Queen ought not further to prosecute the said indictment against the said G. H. because he saith that heretofore, to wit, at the general quarter sessions of the peace holden at in and for the county of (if the acquittal was at the assizes say, "at the assizes and general delivery of the gaol of our said Lady the Queen, holden at in and for the county of "), on the day of A.D. he said G. H. was lawfully acquitted of the said offence charged in the said indictment. And this the said G. H. is ready to verify, wherefore he prays judgment, and that by the court here he may be dismissed and discharged from the said premises in the present indictment specified. (If the indictment be for felony the plea should continue thus): and as to the felony of which the said G. H. now stands indicted, he the said G. H. saith that he is not guilty thereof, and of this he the said G. H. puts himself upon the country. Replication to the foregoing Plea together with a Similiter. } And hereupon E. F., the clerk of the peace ("or if to wit. at the assizes, "the clerk of the arraigns "), who prosecutes for our said Lady the Queen in this behalf, says that by reason of anything in the said plea of the said G. H., above pleaded in bar alleged, our said Lady the Queen ought not to be precluded from prosecuting the said indictment against the said G. H., because he says that the said G. H. was not lawfully acquitted of the said offence charged in the said indictment in manner and form as the said G. H. hath above in his plea alleged; and this he the said E. F. prays may be inquired of by the country. And the said G. H. doth the like. Therefore let a jury come, &c. Plea of Autrefois Convict. This plea will be similar to the former, with the exception that instead of alleging that the defendant was "lawfully acquitted," it must allege that he was "lawfully convicted." Charges of Previous Convictions. For forms of previous convictions, see title "Larceny," p. 112, which may be applied to other charges. |