EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,
Barrister-at-Law.

VOL. III.

1848 TO 1850.

LONDON:

JOHN CROCKFORD, "LAW TIMES" OFFICE, 29, ESSEX-STREET,

STRAND.

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 ENEAS J. M'INTYRE, Esq.;
IRELAND, by W. ST. LEGER BABINGTON, Esq.;

Barristers-at-Law.

a.55204

JUL 5" 1901

REPORTS

OP

Criminal Law Cases.

COMMISSION OF OYER AND TERMINER AND

Demurrer

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·Postponement of trial— Challenge of the array - Jury list-Practice-Pleading-Jury-Absence of a witness-Evidence.

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 which 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 distinct-but 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. LEGER BABINGTON, Esq., Barrister-at-law. VOL. III.

B