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Airway of a mine, filling up or obstructing, 509; indictment,

509; evidence, 510.

Alderney, island of, backing warrants in, 34.

Alibi, defence of, under the general issue, 123.

Aliens, punishable for crimes in this country, 8; cannot be
jurors, except de medietate linguæ, 158, 159.

Alien enemy, killing, except in war, not justifiable, 212.
Allocatur exigent, in outlawry, 103.

Alteration of instrument, when a forgery, 544; of receipt, a
forgery, 562.

Alternative, offence charged in indictment in, bad, 91.

Ambassadors and their servants, in what cases punishable for
offences, 8.

Amendment of indictment, in what cases, 99; for variance as
to written instruments, 100; for variance in other re-
spects, 100. 123, 124; for all formal defects, 178; in
what cases of variance amendment not necessary, 124.
Amendment of judgment, when, 186.

Animals, live, how stated in indictment, 355; dead, how
stated, 355.

Aniinals feræ naturæ, when the subject of larceny, 362, 363.
Animus furandi, essential in larceny, 366; how proved,

381.

Answer in equity, how proved, 143; in ecclesiastical court,
how proved, 143; how proved, when perjury assigned on
it, 603.

Answer in equity, stealing, obliterating or destroying it, 397;
indictment, 397; evidence, 397.

Appeal to the criminal appeal court, 194 the court and its
judges, 194; appeal in what cases, 194; case, 195;
hearing and judgment, 196; subsequent proceedings,
196; certificate of the clerk of assize or clerk of the
peace, 197.

Appearance, 102.

Appeal at sessions, perjury in evidence given in, how proved,
603.

Application for money taken from defendant, 167; to post-

pone trial; 166; to have the witnesses out of court, 167.
Apprehension of offender, 21: without warrant, 21,-in the
act of committing the offence, 21; in case of riots, 23 ;-
after offence committed, 25, upon a charge of felony, 26,
or upon suspicion, 26, in prevention of offences, 27 ;-
by constable, 27 ;-by magistrate, 27;-on hue and cry,
28;-when and where, 28;-how, 28;-breaking doors
to arrest, in what cases, 28. Constable killing, when
justifiable, 29. 222. 245; constable killed, murder, 29.
222. 236. 245. Assault to prevent apprehension, 30. 290;
shooting at officer, or stabbing, cutting, or wounding
him, to prevent apprehension, 30. 262. 266. 275.

Apprehension under a warrant, 30 warrant in what
cases and how, 30'; form of information or
complaint, 31, form of warrant to apprehend,
31; or summons and warrant, 31, forms of
them, 32; warrant how and where executed,
33; how and in what cases backed, 34. War-
rant for offences at sea or abroad, 35.

Apprehension under warrant upon indietment, 104,
105; form of the warrant, 106,

Apprehension, costs of, in what cases allowed, 189; order for
them, 192.

Apprentices, assaulting, 290; indictment, 290; evidence, 291.
Not providing them with necessary food, &c., 291; in-
dictment, 291; evidence, 292.

Argument on writ of error, 201.

Arming, to suppress a riot, 24, 25.

Armed, at night, with intent to break into a dwelling-house,
353; indictment, 353; evidence, 353.

Armed, how, in night poaching, 408.

Armed assemblies, to assist in smuggling, 583; indictment,
583. Being found with uncustomed goods, armed, and
with another person, 585; indictment, 585; evidence, 585.
Army, officers of, employed in prevention of smuggling,
shooting at or wounding. 586; indictment, 586; eri-
dence, 586.

Arraignment, how, 108; how, if defendant be insane, 4;
how, upon indictment for a subsequent felony, 108. 624 ;
how, in cases of treason, 565.

Array, challenge of, 163; form of it, 164; how tried, 163.
Arrest of judgment, motion in, in what cases, 178. 115.
Art, things kept for the purpose of, in a museum, &c, de-
stroying or damaging, 521; indictment, 521; evidence,
22; apprehension of the offender, 22.

Artifice, obtaining possession of goods by, with felonious in-
tent, larceny, 372.

Articles of war, how proved, 145.

Asportavit, in larceny, what sufficient, 362. 379.

Assault and battery, 282; indictment, 282; evidence, 282;
common assault, what, 283; constable cannot apprehend
for it without warrant, 26.
Assault and doing bodily

harm, 284; indictment, 284; evidence, 284.

Assault to prevent apprehension, 290. 30; indictment, 290;
evidence, 290.

Assault upon apprentices or servants, 290; indictment, 290;
evidence, 291.

Assault, with intent to commit a felony, 285.630; indictment,
285; evidence, 285; bail in, 55; costs.

Assault upon a gamekeeper, 288; indictment, 288; evidence,

Assault, indecent, 313; indictment, 313; evidence, 314.
Assault upon a justice of the peace, on account of his preserv-

ing wreck, 286; indictment, 286; evidence, 286.
Assault upon officers of the customs, in the exercise of their
duty, 587; indictment, 587; evidence, 587.

Assault upon peace officers or revenue officers, 287; indict-
ment, 287; evidence, 288; bail in, 55.

Assault with intent to commit a rape, 308; indictment, 308;
evidence, 308.

Assault with intent to rob, 425, 629; indictment, 425; evi-
dence, 425; or defendant may be found guilty of it on
an indictment for robbery, 94. 629.

Assault with an attempt to commit an unnatural offence, 310;
indictment, 310; evidence, 310.

Assignment of errors, 200.

Assignment of perjury, 600; how proved, 605. 155.

Assistance, what, makes a person accessory after the fact, 17.
Assistance, constable may claim, of any person present, 27.
Assize, judges of, may hear and determine all offences com-
mitted at sea, 68.

Assuming false name, and drawing bills, &c., in it, forgery,
541.

Asylum, lunatic, criminal lunatics sent to, 5,

Asylum, lunatic, for county, goods belonging to, how laid in
indictment, 82.

Attempt to commit felony or misdemeanor, 628. 15. 20. 94;
bail, 55.

Attempt carnally to know a girl between ten and twelve,

315.

Attempt to drown, 276; indictment, 276; evidence, 276.

Attempt to obtain goods by false pretences, 472; indictment,
472; evidence, 473.

Attempt to set fire to buildings, ships, mines, stacks, &c.,
629. 527, 528.

Attempt to administer poison, 258; indictment, 258; evi-
dence, 259.

Attempt to fire at or do injury to the Queen, 569; indictment,
569; evidence, 570.

Attempt to commit a rape, 308; indictment, 308; evidence,
308; attempt, what, 308.

Attempt to rob, 425. 029; indictment, 425; evidence, 426.
Attempt to rob or murder, or to commit arson, burglary, &c.,
resisted and felon killed, justifiable, 225; if party resist-
ing be killed, murder, 226.

Attempt to shoot, with intent to murder, 272; indictment,
272; evidence, 272; attempt, what, 273.

Attempt to shoot, with intent to do grievous bodily harm, 274.
Attempt to strangle, 277; indictment, 277; evidence, 278.
Attempt to suffocate, 277; indictment, 277; evidence, 277.

Attempt to commit an unnatural offence, 310; indictment,

310; evidence, 310.

Attendance of witnesses, how compelled, 156,
Attorney, how privileged as a witness, 153.
Attorney-general's fiat for writ of error, 199.

Attorney selling or converting valuable securities entrusted to
him for a special purpose, or for safe keeping, 459; in-
dictment, 459; evidence, 460.

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Avenue, trees, shrubs, &c., growing in, destroying or damag-
ing, 506; indictment, 506; evidence, 506.-Stealing,
413; indictment, 413; evidence, 414.

Auterfois acquit, plea of, in what cases, 111; form of the
plea, 112; and of the replication, 112; evidence, 113,
123; judgment, 113.

Auterfois convict, or attaint, plea of, 114; evidence, 123.

B.

Backing warrants, 33; form of the indorsement, 34; pro-
ceeding upon the arrest under it, 54.

Bail, 55. 52: in treason, 55; in felony and certain misde→
meanors, 55; in other misdemeanors, 58; form of the
recognizance, 56; and the notice of it, 56; in what cases
and how, after commitment, 57.

Bail in error, 200.

Bailee, larceny by, 382. 384, 385. 387. Servant, not bailee,
386; person having the bare use of goods, not bailee,
387.

Bailee, goods in larceny laid to be the property of, 358.

Bank, entry in the books of, how proved, 147.

Bank notes, and banker's notes, described as money, 357.90.
Bank notes, forgery of, 555; bank paper for forged notes,
plates for forged bank notes,

making or having, 555;
making or having, 555.

Bankers' notes, forging, 555; making, using, or having paper
or plates for them, 555.

Bankers selling or converting securities, &c., entrusted to them
for safe keeping, or for a special purpose, 459; indict-
ment, 459; evidence, 460.

Banker's clerk, larceny by, 387.

Banks of rivers or sea banks, breaking down, and overflowing
lands, 512; indictment, 512; evidence, 512.

Bankrupt, offences by, venue, 74.

Bankruptcy, proceedings in, how proved, 144.

Baptisms, registers of, evidence, 145.

Barge, stealing from, on a navigable river, &c., 437; indict-

ment, 437; evidence, 438.

Barking trees, 506; indictment, 506; evidence, 506.

Barn, setting fire to, 485; indictment, 485; evidence, 486:
-riotously beginning to demolish, 494; indictment, 494;
evidence, 494.

Baronet, a name of dignity, and parcel of the name, 78.

Barrister, privilege of, as a witness, 153.

Bastard, how named in indictment, 79, 80, 81.

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Battery, 282; indictment, 282; evidence, 282; battery, what,

283.

Battery and robbing, punishment, 424.

Begin, right to, in a criminal trial, 123.

Beginning to demolish a house, church, &c., 494; indictment,
494; evidence, 494.

1

Bench warrant, in what cases, 103; form of it, 104.-

Berwick, Northumberland the next adjoining county to, 64.
Best evidence, to be given, 136; written evidence better than
parol, 136.

Bestiality, 311; indictment, 311; evidence, 311.

Bet, pretended, larceny by, 377.

Bigamy, 610; indictment, 610; venue, 74; evidence, 610.
Bill in equity, how proved, 143. Stealing, obliterating, or
destroying, 397; indictment, 397.

Bill of exceptions, does not lie in a criminal case, 171.
Bill of exchange, larceny of, 391; indictment, 391; evidence,
392; bill must be duly stamped, 149; forgery of, 556.
534.

Binding prosecutors and witnesses, by recognizance, 47. 52.
Birth of child, concealing, 297; indictment, 297; evidence,
298; bail, 55.

Black cawke or black lead, stealing from mines, 415; indict-
ment, 415; evidence, 416.

Blank bank notes, making, having, or using, 555.

Blank warrant, bad, 242.

Boat, stealing from, on a navigable river, 437; indictment,
437; evidence, 438.

Bodily harm, assault and doing, 284; indictment, 284; evi-
dence, 285.

Bodily harm, grievous, causing gunpowder to explode, with
intent to do, 278; indictment, 278; evidence, 279. Send-
ing explosive substances with intent to do, 279; indict-
ment, 279; evidence, 280.

Bodily harm, grievous, throwing corrosive fluid at or on a
person, with intent to do, 280; indictment, 280; evi-
dence, 280.

Bodily harm, grievous, engines calculated to inflict, setting,
294; indictment, 294; evidence, 294.

Bodily harm, grievous, inflicting, 268; indictment, 268; evi-
dence, 268.

Bodily harm, grievous,. shooting or attempting to shoot, with
intent to do, 274; indictment, 274; evidence, 274.

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