CHAPTER III. Indictment and Pleadings. SECTION I. Indictment. An indictment is an accusation at the suit of the crown, found to be true by the oaths of a grand jury. 2 Hawk. c. 25, s. 1. It consists of the venue, the commencement, the statement of the offence, and the conclusion; and in this order I shall treat of it under the following heads : 1. Venue, p. 63. 2. Commencement, p. 75. 3. Body of the Indictment, p. 78. 5. Joinder of Offences, p, 93. 6. Joinder of Defendants, p. 96. 7. Indictment, how preferred and found, p. 97. 1. Venue. What.] The venue is the county, &c., stated in the margin of the indictment, and is descriptive of the extent of the jurisdiction of the court before which the offender is to be tried :in indictments to be tried at the assizes, the venue is the county or county of a city, &c., to which the judges' commission relates; in indictments to be tried at the sessions, the county, riding, division, city, or borough to which the commission of the peace extends. In indictments for offences triable at the central criminal court, the venue is merely "Central Criminal Court, to wit," being descriptive of a certain district, namely, the county of Middlesex, the city of London, and parts of the counties of Essex, Kent, and Surrey, within which the court has jurisdiction. General rule.] The general rule as to venue, is, that a person who has committed an indictable offence, if tried at the assizes, must be indicted and tried in the county in which the offence was committed; if tried at the sessions, in the county, riding, division, city, or borough within which the offence was committed, and for which a court of quarter sessions is holden. But to this there are many exceptions, mostly created by statute, which I shall now proceed to notice. Offences in a county of a city or town corporate.] By stat. 38 G. 3, c. 52, s. 2, the indictment for an offence committed or charged to be committed within the county of any city or town corporate, may be preferred to the jury of the county next adjoining to the county of such city or town corporate, sworn and charged to enquire for the King, for the body of such adjoining county, at any sessions of oyer and terminer or general gaol delivery. The statute (s. 12), however, requires the prosecutor in such a case to enter into a recognizance in 401., before the court where such bill shall be preferred, conditioned to pay the extra costs of the prosecution, if the court at the trial shall be of opinion that he ought to pay the same. The words "town corporate," in the above act, mean a town corporate which is a county of itself, such as Kingston-upon-Hull, &c. R. v. Milner, 2 Car. § K. 310. But the statute (s. 11) specially excepts London, Westminster, and the borough of Southwark; and the cities of Bristol, Chester, and Exeter are excepted from it by stat. 5 & 6 W. 4, c. 76, s. 109. But now by stat. 14 & 15 Vict. c. 55, s. 19, all offences committed in any "county of a city or county of a town corporate, within which Her Majesty has not been pleased for five years next before the passing of this act, to direct a commission of oyer and terminer and general gaol delivery to be executed," and which are not triable at the quarter sessions, may be tried in the next adjoining county. And by sect. 24, the next adjoining county shall be the same as is named in sched. C. to stat. 5 & 6 W. 4, c. 76; by which the county of Northumberland is the next adjoining county to Berwick-upon-Tweed, and to Newcastle-upon-Tyne, and Yorkshire the next adjoining county to Kingston-upon-Hull. By the same schedule, Gloucestershire is declared to be the next adjoining county to Bristol, Cheshire to Chester, and Devonshire to Exeter; but at those cities the assizes are holden. By stat. 14 & 15 Vict. c. 100, s. 23, in such a case, the county of the city or town shall be deemed the venue, and may either be stated in the margin of the indictment, with or without the name of the county in which the offender is to be tried, or be stated in the body of the indictment by way of [special] venue. The usual form of the marginal venue is thus:"County of York, (being the next adjoining county to the county of the town of Kingston-upon-Hull,) to wit:" or as the case may be. Offences on a journey or voyage, &c.] Where any felony or misdemeanor shall be committed on any person, or in respect of any property,-in or upon any coach, waggon, cart, or other carriage whatsoever, employed in any journey,—or shall be committed on any person, or on or in respect of any property, on board any vessel whatever employed on any voyage or journey upon any navigable river, canal, or inland navigation:-such felony or misdemeanor may be dealt with, enquired of, tried, determined, and punished in any county, through any part whereof such coach, waggon, cart, carriage, or vessel shall have passed, in the course of the journey or Voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county. 7 G. 4, c. 64, s. 13. And in all cases where the side, centre, or other part of any highway, or the side, bank, centre, or other part of any such canal, river, or navigation, shall constitute the boundary of any two counties, such felony or misdemeanor may be dealt with, enquired of, tried, determined and punished in either of the said counties, through, adjoining to, or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel shall have passed, in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county. Id. Offences on the boundaries of counties.] Where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties,-or within the distance of 500 yards of any such boundary or boundaries,-every such felony or misdemeanor may be dealt with, enquired of, tried, determined, and punished, in any of the said counties, in the same manner as if it had been actually committed therein. 7 G. 4, c. 64, 8. 12. This has been holden not to extend to trials in limited jurisdictions, but to be confined to trials in counties only; and where a man was tried for a larceny at the sessions of the borough of Southwark, it appearing that the offence was in fact committed in the city of London, about twenty yards within the boundary between it and the borough; and being afterwards indicted for the same larceny in London, he pleaded auterfois acquit: the judges held the plea to be bad, as the sessions had no jurisdiction to try the offence, this section of the statute extending only to trials in counties, and not to trials in limited jurisdictions. R. v. Welsh, Ry. § M. 175. Offences begun in one county and completed in another.] Where any felony or misdemeanor shall be begun in one county and completed in another, it may be dealt with, enquired of, heard, determined, and punished in either county, as if it were wholly committed therein. 7 G. 4, c. 4, s. 12. See R. v. Welsh, supra. Offences partly in England, partly out.] Where any person, being previously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke, poisoning, or hurt in England,-or being feloniously stricken, poisoned, or otherwise hurt at any place in England, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England,-every offence committed in respect of any such case, whether the same amount to the offence of murder or manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter,—may. be dealt with, enquired of, tried, determined, and punished, in the county or place in England in which such death, stroke, poisoning, or hurt shall happen, in the same manner as if the offence had been wholly committed in that county or place. 9 G. 4, c. 31, 8. 8. Offences abroad.] By stat. 9 G. 4, c. 31, s. 7, if any of His Majesty's subjects shall be charged in England with any murder or manslaughter, or with being accessory before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the United Kingdom, whether within the King's dominions or without,-a commission of oyer and terminer under the great seal shall be directed to such persons, and into such county or place, as shall be appointed by the Lord Chancellor, for the speedy trial of such offender; peers however are in such cases to be tried by their peers. The venue in the margin of the indictment, in such a case, should be the county in which the special commissioners are directed by their commission to sit. Where the indictment stated the offence to have been committed at Boulogne, in the kingdom of France, to wit, at London, &c., and the grand jury objected to it, as stating the death to have happened at two places,--Bayley, J. ordered the words "at London," &c., to be struck out. R. v. Helsham, 4 Car. § P. 394. The admission of the prisoner that he is a British subject, is good evidence that he is so. Id. See R. v. Matts, 7 Car. & P. 458; R. v. Depardo, R. & Ry. 134; R. v. Sawyer, 2 Car. § K. 101; and see stat. 11 § 12 Vict. c. 42, s. 2; and ante, p. 35. Also, for misdemeanors committed abroad, by persons holding public offices or employments under the British government, the offenders may in like manner be tried, &c., in this country. 42 G. 3, c. 85. See R. v. Shawe, 5 M. § S. . 403. Offences at sea.] The venue in indictments for offences committed at sea, within the jurisdiction of the Admiralty, varies according to the court in which the offender is prosecuted-if proceeded against before a special commission, which was the only mode of prosecution formerly, the venue in the margin is merely "Admiralty of England;" if at the central criminal court, "Central Criminal Court, to wit;" if at the assizes, the county in which the assizes are holden. Besides thus noticing the venue, it may be convenient in this place to make a short statement as to the extent of the Admiralty jurisdiction, and the offences of which the admiral is said to have cognizance. The admiral has exclusive jurisdiction of all offences committed on the high seas, and within the harbours, creeks, and havens of foreign countries. But within the harbours, creeks, and havens of this country, the courts of common law, and not the admiral, have jurisdiction: as for instance, if an imaginary line were drawn across the mouth of such creek, &c., from one point of land to the other,—of all offences committed within the line, the common law would, have jurisdiction; but all offences committed without the line, would be within the jurisdiction of the admiral. As to the sea shore :below low water mark, the admiral has exclusive jurisdiction; above high water mark, the courts of common law have exclusive jurisdiction; and between high and low water mark, the courts of common law and the admiral have alternate jurisdiction, the courts of common law have jurisdiction of all offences committed on the strand when the tide is out,the admiral, jurisdiction of all offences committed on the water, when the tide is in. Formerly, if a man on land fired a pistol or gun at a man who was upon the sea, and killed him, the offence was deemed to be within the Admiralty jurisdiction; for the offence was holden to be committed where the death happened, and not at the place from whence the cause of death proceeded. R. v. Combes, 1 East, P. C. 367. But now, in such a case we have seen, (ante, p. 65, 66,) he may be tried in the same manner as if the whole of the offence was committed on land. 9 G. 4, c. 31, s. 8. Also, all offences committed on the high seas against any Act relating to the customs, shall, for the purposes of prosecution, be deemed to have been committed on the place on land in the United Kingdom into which the offender shall be taken, brought, or carried, or in which he shall be found. 3 & 4 W. 4, c. 53, 8. 77. 8&9 Vict. c. 87, s. 95. Besides the offence of piracy, and some other offences which can only be committed at sea, the admiral has jurisdiction of all treasons, felonies, conspiracies; 28 H. 8, c. 15; murder; Id. 1 East, P. C. 367. See R. v. Serva et al., 2 Car. K. 53; attempts to murder or maim or do grievous bodily harm, within stat. 1 Vict. c. 85, by sect. 10; all other offences against the person, within stat. 9 G. 4, c. 31, by sect. 32; doing injury by explosive substances, within stat. 8 & 9 Vict. c. 25, by sect. 17; offences punishable by the statute against forgery, 1 W. 4, c. 66, by sect. 27; all offences relating to the coin, within stat. 2 W. 4, c. 34, by sect. 20; and generally, all other offences committed on the high seas, out of the body of any county. 39 G. 3, c. 37. And all offences committed |