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REPORTS OF CASES

CRIMINAL LAW,

ARGUED AND DETERMINED

IN ALL THE COURTS IN ENGLAND AND IRELAND

EDITED BY

EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,

Barrister-at-Law.

VOL. III.

1848 To 1850.

JOHN CROCKFORD, " LAW THERS T OFFICE, 20, ESSEX-STREET

LONDON:
JOHN CROCKFORD, “LAW TIMES” OFFICE, 29, ESSEX-STREET,

STRAND.

LIBRARY OF THE
LELAND STANFORD JR. UNIVERSITY.

9.55304
JUL 5 10C!

L185.13 Y OF THE
Y! STÁY HIL', cit., LiNIVERSITY

LAW DEPARTHENT,

REPORTERS.
CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.;
CENTRAL CRIMINAL COURT, by B. C. Robinson, Esq.;
NORTHERN CIRCUIT, by T. CAMPBELL FOSTER, Esq.;
OXFORD CIRCUIT, by J. E. Davis, Esq.;
HOME CIRCUIT, by Paul PARNELL, Esq. ;
NORFOLK CIRCUIT, by John B. DASENT, Esq.;
WESTERN CIRCUIT, by EDWARD W. Cox, Esq. ;
MIDLAND CIRCUIT, by Adam BITTLESTON, Esq. ;
SOUTH WALES CIRCUIT, by DANIEL T. Evans, Esq.;
NORTH WALES CIRCUIT, by ÆNEAS J. M'INTYRE, Esq. ;
IRELAND, by W. St. LEGER BABINGTON, Esq. ;

Barristers-at-Law.
a.5-5204
JUL 5* 1901

Barris

PAGE

505

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160

PAGE Reg. v. Hunt ...

215 Reg. v. Prestney... ... - Hyde ...

90 - - Radley ... ... - Ilidge ... ...

Read and others - Inhabitants of the Tithing of

Roberts and Jackson East Mark ... ... ...

Scarborough ... - Inhabitants of Fifehead

Sharpe ... - Jeffries and Bryant ...

- Smith and others Jones ... ... ...

Spry and Dore ... - Kelly and Maloney ...

-- Steer ... ... Kimber ... .... ...

- - Taylor and Morrall – Lacy, Cuffey, and Fay

- Thristle ... ... - Langbridge

- - Tufts and others
Lee ... ... ...

Turner and others
Leonard ... ...

- Wallis - Longbottom and another

-- Waltham - Malpas ... ...

-- Ward Marsh and another

- Waters ... ...
Martin ... ...

Webb ... ...
Martin and Butt

- Whitaker and others
Masters. ... ...

- White and others MClarens and others ...

Whitehouse ... ... - Meal ... ...

-- Willmett... ... Metcalfe and Slater

-- Wolf, Pridmore, and Otley Millen and another

- Wood ... Mitchell ...

--- Worley ... Mullens ... ...

- Wynn ... ... ... Newton ...

489

--York ... -- Orchard and Thurtle

Ryalls v. The Queen
Pargeter ...
Parker .. ...

S.
Pascoe ...
– Phillips ...

... 88 Shea v. The Queen ... ...
Phillips and others

225 Smith v. The Queen Prender ... ... ..

158 Staffordshire Grand Jury

304

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277, 153 ... 535 ... 271

181

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REPORTS

OP

Criminal Law Cases.

COMMISSION OF OYER AND TERMINER AND
GENERAL GAOL DELIVERY FOR THE

CITY OF DUBLIN.

May Session, 1848.
May 22nd, 23rd, 25th, 26th, and 27th.
(Before LEFROY, B. and MOORE, J.)

THE QUEEN v. John MITCHEL. (a)
Crown and Government Securities Act-Indictment-Distinct felonies

Demurrer - Postponement of trial Challenge of the array Jury

list-PracticePleading-Jury-Absence of a witnessEvidence. A prisoner indicted for felony is not entitled to a copy of the indictment

found against him, or to a copy of the jury panel, or to copies of the panels returned at former sessions of the court. The prisoner was indicted in one set of counts for feloniously compassing,

&c., to deprive and depose our Lady the Queen from the style, honour, and royal name of the Imperial Crown of the United Kingdom and, on certain days in the indictment named, feloniously expressing said compassings by feloniously publishing certain printings in a certain public newspaper, of wbich he was then and there the proprietor. And, in another set of counts, with feloniously compassing to levy war against the Queen, in order, by force and constraint, to compel Her Majesty to change her measures and counsels, and with feloniously expressing such last-mentioned compassings by feloniously publishing the same printings, and on the same days and in the same public

newspaper as in the first set of counts mentioned. Held, that the two felonies, though distinct, were properly joined in the

indictment. And semble, that the question in such cases is not whether the felonies

charged are distinctbut whether they are repugnant or so dissimilar in their nature and circumstances as, if joined, to be likely to embarrass

the prisoner in his defence. A prisoner indicted for a felony not capital is not entitled to demur and plead over at the same time.

(a) Reported by W. St. LEGEB BABINGTON, Esq., Barrister-at-law. VOL. III.

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