FORM II.

ACCESSORIES.

Against Accessory before the Fact together with the Principal.

(After charging the principal with the offense, and immediately before the conclusion of the indictment, charge the accessory thus): And the jurors aforesaid, upon their oaths aforesaid, do further present, that A. B., late of the county aforesaid, the said [offense] was committed in form aforesaid, to wit, on, &c., at, &c., aforesaid, did feloniously and maliciously incite, move, procure, aid, counsel, hire, and command the said A. C. the said [offense] in manner and form aforesaid to commit. (Conclude as form I, supra.

FORM III.

Indictment against Accessory before the fact, the Principal being convicted.

(Commence as in form I supra, and then charge), that heretofore, to wit, at a session of the circuit (or criminal) court of county, began and held within and for said county at the courthouse thereof, &c., &c. (so continuing the caption of the indictment against the principal), it was presented upon the oaths of, &c., that one A. C., late of, &c. (continuing the indictment to the end, reciting it, however, in the past tense, and not in the present), upon which said indictment the said A. C., at the court aforesaid, was duly convicted of the (felony and larceny) aforesaid, as by the record thereof more fully and at large appears. And the jurors aforesaid, upon their oaths aforesaid, do further present, that A. D., late of the county aforesaid, laborer, before the said (felony and larceny) was committed in form aforesaid, to wit, on the day of

in the year aforesaid, at the county aforesaid, did feloniously and maliciously incite, move, procure, aid, counsel, hire and command the said A. C., the said (felony and larceny) in manner and form aforesaid to do and commit; against the peace, &c. (as ordinarily).

FORM IV.

Against Accessory after the fact with the Principal.

(After stating the offense of the principal, and immediately before the conclusion of the indictment, charge the accessory after the fact, thus): And the jurors aforesaid, upon their oaths aforesaid, do further present that J. W., late of the county aforesaid, laborer, well knowing the said J. S. to have done and committed the said (felony and larceny) in form aforesaid, afterwards, to wit, on the day and year aforesaid, in the county aforesaid, him the said J. S. did feloniously receive, harbour, and maintain. (Conclude as ordinarily).

FORM V.

Against Accessory after the fact, the Principal being Convicted.

(Proceed as in precedent of indictment against, accessory before the fact the prisoner being convicted, Form III. to the asterisk, and then thus:) And the jurors aforesaid, upon their oaths aforesaid, do further present that J. W., late of the county aforesaid, laborer, well knowing the said J. S. to have done and committed the (felony and larceny) aforesaid, after the same was committed, as aforesaid, to wit, on the day and year aforesaid, at, to wit, the county aforesaid, him, the said J. S., did feloniously receive, harbour and maintain, against the peace, &c. (as ordinarily).

FORM VI.

MURDER.

General Frame under the Statute. Rev. Code, 615, Art. 265.

That A. B., late of the county aforesaid, did, on the 1st day of September, in the year of our Lord, one thousand eight hundred and seventy , wilfully, feloniously, and of his malice aforethought, kill and murder C. D., against, &c. (as ordinarily).

GENERAL FORMS AT COMMON LAW.

at

FORM VII.

By Shooting with a Pistol.

That A. B., of, &c., yeoman, on

with force of arms,

in the county aforesaid, in and upon the body of one C. D., in the peace of said commonwealth then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said A. B., a certain pistol of the value of two dollars, then and there charged with gunpowder and one leaden bullet, which said pistol, he the said A. B. in his right hand then and there had and held, then and there feloniously, wilfully, and with malice aforethought, did discharge and shoot off, to, against and upon the said C. D.; and that the said A. B., with the leaden bullet aforesaid, out of the pistol aforesaid, then and there, by force of the gunpowder aforesaid, by the said A. B. discharged and shot off as aforesaid, then and there feloniously, wilfully, and of his malice aforethought did strike, penetrate, and wound him, the said C. D., in and upon the right side of the belly of him the said C. D., giving to him, the said C. D., then and there, with the bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by the said A. B., in and upon the right side of the belly of him the said C. D., one mortal wound of the depth and of the breadth of half an inch; of which said mortal wound he, the said C. D., then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say that the said A. B., him the said C. D., in the manner and by the means aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder.

FORM VIII.

Against Principal in the First, and Principal in the Second Degree, for Shooting with a Pistol.

That T. P. K., late of the said county of Monroe, laborer, and C. D., late of the county of Monroe, laborer, not having the fear

of God before their eyes, but being moved and seduced by the instigation of the devil, on the fifth day of October, in the year of our Lord eighteen hundred and thirty-five, with force and arms, at the county of Monroe, in and upon one P. S. * * * in

the peace of God and in the said state of Alabama then and there being, feloniously, wilfully, and with malice aforethought did make an assault; and that the said T. P. K., a certain pistol of the value of ten dollars, then and there loaded and charged with gunpowder and twenty leaden bullets, commonly called buckshot, which pistol he, the said T. P. K., in his right hand then and there had and held, to, against, and upon the said P., then and there feloniously, wilfully, and of his malice aforethought, did shoot and discharge; and that the said T. P. K., with the leaden bullets aforesaid, out of the pistol aforesaid, then and there, by force of gunpowder, shot and sent forth as aforesaid, the aforesaid P., in and upon the buttocks of him the said P., a little above the rectum of him the said P., then and there, feloniously, wilfully, and of his malice aforethought, did strike, penetrate and wound, giving to the said P. then and there, with the leaden bullets aforesaid, commonly called buckshot, as aforesaid, so as aforesaid shot, discharged, and sent forth out of the pistol aforesaid, by the said T. P. K., a little above the rectum of him the said P., one mortal wound of the depth of sixth inches and of the breadth of half an inch, of which said mortal wound the said P., from the said fifth day of October, in the year of our Lord eighteen hundred and thirty five, until the thirteenth of the same month of October, in the year last aforesaid, in the county aforesaid, did languish, and languishing did live; on which thirteenth day of October, in the year last aforesaid, the same P., at the county aforesaid, of the mortal wound aforesaid, died; and that the aforesaid D. C., then and there feloniously, wilfully, and of his malice aforethought, was present, aiding, helping, abetting and comforting, assisting and maintaining the said T. P. K., the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said T. P. K. and the said C. D., the said P. then and there, in manner and form aforesaid, feloniously, wilfully, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of.

FORM IX.

Murder by Poisoning. First Count. With Arsenic, in Chicken Soup.

day of

inquiring for the body

,

the same year,

The grand jury of the state of of the county of , upon their oaths, do present that L. C., late of the county aforesaid, widow, and J. C., late of the county aforesaid, yeoman, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, and of their malice aforethought, contriving and intending a certain W. C. to deprive of his life, and him, the said W. C., feloniously to kill and murder, on, &c., and on divers other days and times between the said day of June, in the year last aforesaid, and the with force and arms, at the county aforesaid, and within the jurisdiction of this court, did knowingly, wilfully, feloniously, and of their malice aforethought, mix and mingle certain deadly poisons, called arsenic, in certain chicken soup, which had been, at divers days and times during the time aforesaid, prepared for the use of the said W. C., to be drunk by him the said W. C. (they, the said L. C. and the said J. C., then and there well knowing that the said chicken soup with which they, the said L. C. and the said J. C., did so mix and mingle the said deadly poisons as aforesaid, was then and there prepared for the use of the said W. C., with intent to be then and there administered to him for his drinking the same), and the said chicken soup with which the deadly poison was so mixed as aforesaid, afterwards, to wit, on, &c., and on the said other days and times last mentioned, at the county and within the jurisdiction aforesaid, was delivered to the said W. C., to be then and there drunk by him, the said W. C. (not knowing that said poison to have been mixed with said chicken soup), did, afterwards, to wit, on, &c., and on the said other days and times above mentioned, there drink and swallow down into his body several quantities of the said deadly poison so mixed as aforesaid with the said chicken soup, and the said W. C., of the poison aforesaid, and by the operation thereof, then and there became sick and greatly distempered in his body, of which said sickness and distemper of body, occasioned by said drinking, taking and swallowing down into the body of the said W. C. of the deadly poisons aforesaid, so mixed and mingled in the said chicken soup as aforesaid, he, the