Deceased witness, depositions of, when receivable in evidence,
147.
Deceased person, libel on, how punishable, 319.
Declaration of dying persons, when evidence, 140.
Decree in court of equity, how proved, 143. Stealing, ob-
literating, or destroying it, 397; indictment, 397; evi-
dence, 397.
Deed, stealing, 392. Deeds or writings relating to real estate,
stealing, 394; indictment, 394; evidence, 395.
Deer, hunting or stealing, in inclosed places, 402; indictment,
402; evidence, 402. Hunting or stealing, in uninclosed
places, 403; indictment, 403; evidence, 404.
Defamatory libel, 316; indictment, 316; pleas, and replica-
tion, 317; evidence, 318. Defamatory libel, what, 319.
Defects in indictment, when and how to be objected to, 115.
178.
Defective venue, when cured, 75.
Defence of prisoner before a magistrate, 42; previous caution
given to him, 42.
Defence of prisoner at the trial, case stated and evidence given,
169. Defence in rape, 306, 307.
Defence of self, family or property, homicide in, 223; homi-
cide se defendendo, 223; homicide se et sua defendendo,
Defendant, how described in indictment, 78.
Defendants, joinder of, 96; in what cases one of them may be
a witness for or against his companions, 153. 155.
Defilement of a girl under age, procuring, 303; indictment,
303; evidence, 304.
Degrees of guilt, 11: principals 11; accessories before the
fact, 14; accessories after the fact, 17; persons who
solicit or incite others to commit crimes, which are not
afterwards committed, 19; persons who attempt to com-
mit crimes, but do not complete them, 20. 628.
Deliverance, warrant of, in what cases, 58; form of it, 58.
Demanding money with menaces or by force, with intent to
steal, 427; indictment, 427; evidence, 427. Letter de-
manding money with menaces, 428; indictment, 428;
evidence, 429.
Demolishing a house, church &c., by rioters, or beginning to
demolish it, 494; indictment, 494; evidence, 494; be-
ginning to demolish, what, 494, 495.
Demurrer, what, and in what cases, 114. 178; demurrer to
indictment, 115; its effect, 115; judgment upon it, 115;
form of it 116, and joinder, 116. - Demurrer to plea,
116, and form of it, 116, and joinder, 117.
Deposit, by factor, of goods of his principal, as a pledge or
security, 461; indictment, 460; evidence, 461.
Depositions, taking, before a magistrate, 35; form of them,
36; copy of them for defendant, 51; to whom trans-
mitted, 52.
Depositions in equity and in the ecclesiastical court, how
proved, 143.
Depositions at law or in equity, stealing, obliterating, or de-
stroying, 397; indictment, 397; evidence, 397.
Depositions of deceased witness, in what cases evidence, 147,
148.
Description of any matter, variance in, between indictment
and proof, amendable, 86. 100.
Description, local, of dwelling-house, in burglary, 339; in
breaking into a church or chapel and stealing, 350.
Destroying a bridge, 517; indictment, 517; evidence, 518.
Destroying the dam of a fish-pond, 515; indictment, 515;
evidence, 516.
Destroying the dam of a mill-pond, 517; indictment, 517;
evidence, 517.
Destroying a dwelling-house by gunpowder, &c., 496; indict-
ment, 496; evidence, 497.
Destroying fish in water belonging to a dwelling-house, 410;
indictment, 410; evidence, 410.
Destroying hop-binds, 505; indictment, 505; evidence, 505.
Destroying silk, woollen, or cotton goods in the loom, &c.,
498; indictment, 498, evidence, 498. Destroying warps
of silk, &c., or certain machinery, 499; indictment, 499;
evidence, 499. Entering a building by force with in-
tent to do so, 500; indictment, 500; evidence, 501.
Destroying machines in manufactures (other than of silk, &c.,)
or thrashing machines, 501; indictment, 501; evidence,
501.
Destroying steam engines, staiths, &c., belonging to a mine,
510; indictment, 510; evidence, 511.
Destroying monuments, pictures, statues, &c., in a church or
iu public, 522; indictment, 522; evidence, 523.
Destroying anything kept for the purpose of art or science,
in a museum, 521; indictment, 521; evidence, 522.
Destroying locks, sluices, &c., on navigable rivers, or canals,
513; indictment, 513; evidence, 513.
Destroying a record, &c., 397; indictment, 397; evidence,
397.
Destroying a ship, 526; indictment, 526; evidence, 526.
Destroying a ship, whereby life is endangered, &c., 525;
indictment, 525; evidence, 526, Destroying a ship, to
prejudice the owner or underwriters, 527; indictment,
527; evidence, 528. Destroying a ship in distress or
wrecked, or goods belonging to it, 531; indictment, 531;
evidence, 532.
Destroying turnpike gates, &c., 518; indictment, 518; evi-
dence, 519.
Destroying trees, shrubs, &e., 506; indictment, 506; evidence,
506.
Destroying a will or codicil, 396; indictment, 396; evidence,
396.
Destruction of written instrument, secondary evidence may be
given of it, 137.
Detainer, by warrant, of a prisoner indicted, 107; form of
the warrant, 107.
Dignity, name of when given to defendant, in indictment, 78.
Disable, stabbing, cutting, or wounding with intent to, 268;
indictment, 262; evidence, 263; disabling, what, 264.
Shooting with intent to disable, 275; indictment, 274;
evidence, 275. Causing gunpowder to explode, with
intent to disable, 278; indictment, 278; evidence, 278.
Sending explosive substances to a person, with intent to
disable, 279; indictment, 279; evidence, 280. Throw-
ing corrosive fluid on a person, with intent to disable,
281; indictment, 280; evidence, 281.
Discharging a pistol or gun at the Queen, 569; indictment,
569; evidence, 570.
Discharge of jury, in what cases, 171.
Discharge of lunatic for want of prosecution, how he is to be
disposed of, 5.
Discharge of prisoner by magistrate, 44.
Discharge of prisoner on bail being given, 58.
Discharge of witness who has been committed by magistrate,
48; form of order for it 50.
Discounting, larceny under pretence of, 378.
Disfigure, malicious injuries to the person, with intent to.
See "Disable."
Disguised, being, at night, with intent to commit a felony,
353; indictment, 353; evidence, 353.
Dismissal of charge against juvenile offender, 62.
Disobeying the injunction of a statute, in what cases indicta-
ble, 1.
Disorderly house, wife may be indicted for keeping, 7.
Displacing rails or sleepers on a railroad, 519; indictment,
519; evidence, 520.
Dissenting chapel, setting fire to, 493; indictment, 493; evi-
dence, 493. Rioters demolishing, or beginning to de-
molish it, 494; indictment, 494; evidence, 494.
Dissenting chapel, marriage in, 611.
Distress, ship in, stealing from it, 440; indictment, 440;
evidence, 441. Doing anything tending to the loss of it,
530; indictment, 530; evidence, 531. Destroying it,
531; indictment, 531; evidence, 532.
person saving himself from it, 532; indictment, 532;
evidence, 532.
rting points or other machinery on a railroad, 519; in-
dictment, 519; evidence, 520.
k, stealing from, 439; indictment, 439; evidence, 439;
-Setting fire to a warehouse, &c., belonging to, 521;
indictment, 521; evidence, 521.
Documents signed by the judges, &c., how proved, 144.
Dog not the subject of larceny at common law, 363.
Domestic animals, fit for food, subjects of larceny at common
law, 362.
Doors, when they may be broken, to make an arrest, 28. 244.
Drain of a mine, filling up or obstructing, 509; indictment,
509; evidence, 510.
Drawing up flood-gates of navigable rivers or canals, 514;
indictment, 514; evidence, 515.
Drawing up piles, &c., for securing a sea-bank, or the bank of
a river or canal, 514; indictment, 513; evidence, 514.
Driving, careless or furious, killing a man by, manslaughter,
9, 219; in what cases murder, 219.
Drover, in what cases he may be guilty of larceny, in what
not, 383.
Drown, attempt to, 276; indictment, 276; evidence, 277.
Drowning a mine, 508; indictment, 508; evidence, 509.
Drugs, administering, to procure abortion, 295; indictment,
295; evidence, 295.
Drunkenness, no excuse for crime, 5.
Duelling, killing by, murder in principal and both seconds, 235.
Dumb person may be a witness, 150.
Duplicity in indictment, 95.
Duty, public, neglecting or refusing to perform it, indictable, 2.
Dwelling-house, stealing in, 433, indictment, 433; evidence,
433. Stealing in, and a person therein being by menaces
put in fear, 435; indictment, 435; evidence, 436. Burglary
in it, 328; indictment, 328; evidence, 330. Setting
spring guns in it, 294. Setting fire to it, 485; indict-
ment, 485; evidence, 486. Setting fire to it, any persons
being therein, 489; indictment, 489; evidence, 490.
Riotously beginning to demolish it, 494; indictment,
494; evidence, 494. Destroying it by gunpowder, &c.,
496; indictment, 496. Breaking and entering it in the
day time, 347; indictment, 347; evidence, 347. Being
armed at night, with intent to break into it, 353; or being
in it, with intent to commit a felony, 353; indictment,
353; evidence, 353.
Dwelling-house, what, in burglary, 333; ownership of it,
Dying declarations, in what cases evidence, 140.
East India bond, forgery of, 556.
East India Company, entries in the books of, how proved, 147.
Ecclesiastical court, perjury in, proof of pendency of the suit,
603.
Effigy, hanging in, a libel, 319.
Election, where several offences are stated in the indictment,
in what cases prosecutor is put to, 95.
Embezzlement by a clerk or servant, 446; indictment, 446.
89; venue, 69; evidence, 449; verdiet, 458; embezzle-
ment, what, 455; distinction between it and larceny, 454.
Embezzlement by bankers or agents, selling or converting
goods or valuable securities confided to them for safe
keeping, or for a special purpose, 459; indictment, 459;
evidence, 460. 392.
Embezzlement by officers in the Queen's service, 462; indict-
ment, 462; evidence, 462.
Embezzling letters, by persons in the employ of the post-
office, 578; indictment, 578; evidence, 579; who, a
person so employed, 579; what, an embezzlement, 579.
Engine, employed in certain manufactures, destroying or da-
maging, 501; indictment, 501; evidence, 501..
Engine house of a railway, setting fire to, 521; indictment,
521; evidence, 521.
Entry in burglary, what, 332; in night poaching, 407. 409.
Entering.
Breaking and Entering.”
"House-
Entering a building by force, with intent to destroy silk, cot-
ton, &c., in the loom, or machinery, 500; indictment,
500; evidence, 501.
Equity, bill, answer, depositions, or decree in, how proved,
143. Documents in, signed by judges, masters, &c.,
how proved, 144.
Erections used in mines, damaging, 510; indictment, 510;
evidence, 511.
Error, writ of, 198; in what cases, 198; attorney-general's
fiat for it, 199; bail, 200; assignment of errors, 200;
joinder in error, 201; argument, &c,, 201; judgment,
&c., 201.
Escape or rescue from prison, venue in, 73.
Eundo, morando et redeundo, constable's privilegė, 237,
and the privilege of those acting in his aid, 238.
Evidence, 117: what must be proved by the prosecutor, 117:
the facts, 118; time, 119; local description, 119; intent,
119; malice, 120; wilfulness, 121; guilty knowledge,
121-what must be proved by the defendant, 123. 113;
variance, 123.-The manner of proving the matter in
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