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(Com.. [The grand inquest for the county of Philadelphia, on their mencement of an

oaths and affirmations, do present, that A. B. late of the said indict.

aty, yeoman, on the first day of January, &c. at the county ment in the Quar. aforesaid, and within the jurisdiction of this court, with force and ter Ses.

arms, &c. [State the offence.] sions of Philadelphia county.] [Com

[The grand inquest of the commonwealth of Pennsylvania, in

quiring for the city of Philadelphia, upon their oaths and affirmament of an indict. tions respectively do present, that A. B. late of the said city, yeoment in the May

man, on the first day of March, in the year of our Lord one thou. or's Court sand eight hundred and fifteen, at the city of Philadelphia, and of the city within the jurisdiction of this court, did, &c. [State the offence.] delphia.]

mence

ommon

In contempt of our said lord the king and his laws, to the evil conclusion *example of all others in the like case offending, and against the of an indictment peace of our said lord the king, his crown, and dignity. or second count at common law. (0)

[*4] The like To the great scandal, infamy, disgrace, and damage of the said where the offence

A. B. to the evil and pernicious example of all others in the like has been

case offending, in contempt of our said lord the king and his laws, particularly injuri. and against the peace of our said lord the king, his crown, and ous to an individual.

dignity (p) Conclu. In contempt of our said lord the king and his laws, to the evil sion of in. dictment

example of all others in the like case offending, contrary to the or count duty of the allegiance of him the said C. D. against the form of for treason. (9)

the statute in such case made and provided, and against the peace

of our said lord the king, his crown, and dignity. Common Against the form of the statute (or “ statutes") in such case conclusion made and provided, and against the peace of our said lord the king, of indict.

his crown, and dignity. second count on a statute. (r)

nient or

tant per Holt in Granburn's Case, 4 () In case of libel or other ofSt. Tr 686. 6 St. Tr. App. 56. 2 fence more particularly affecting an Salk. 632. Holt, 687

individual, the form may be as above, (0) Vee ante 1 vol. 245*, 6*. Cro. C. ante lv. 245*. Cro. C. C. 8 Ed. 256,7. C. 8 Ed. 45. The conclusions vary (9) 6 Wentw. 357. according to the nature of the of- () Ante 1 vol. 290", 1", 24. Cro. fence.

C. C. 8 Ed. 45.

gun

[Contrary to the act of Congress in such case made and pro- (Conclu

sion of an vided, to the evil example of all others in the like case offending,

indict. and against the peace and dignity of the United States of Ame- ment in

the Circuit rica.]

Court of the United States, for the Eastern District of Pennsylvania.] [To the evil example of all others in the like case offending, (Conclu.

sion of an and contrary to the form of the act of general assembly, in

indict. such case made and provided, and against the peace and dignity ment in

the Quarof the commonwealth of Pennsylvania.]

ter Ses.

sions of the County of Philadelphia.] Essex, (to wit.) The jurors for our lord the king upon their Indict.

ment for a oath present, that C. D. late of, &c. and E. F. late of, &c. on, &c.

murder with force and arms at, &c. in and upon one A. B. in the peace of against God, and of our said lord the king, then and there being, felo-a

principal niously, and wilfully, and of their malice aforethought, did make gree and a

principal an assault, and that the said C. D. a

certain
called a carbine

in second of the value of 101. then and there charged with gunpowder, and degree.(8) a leaden bullet, which said gun, he the said C. D. in both his hands, then and there had and held at and against the said A. B. then and there feloniously, wilfully, and of his malice aforethought, did shoot off and discharge, and that the said C. D. with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded to, at, and against the said A. B. as aforesaid, did then, and there, feloniously, wilfully, and of his malice *aforethought, strike, penetrate, and wound the said A. B. in and [*5] upon the right side of the head of him the said A. B. near his right temple, giving to him the said A. B. then and there, with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded, to, at, and against the said A. B. and by such striking, penetrating, and wounding the said A. B. as aforesaid, one mortal wound, in and through the head of him the said A. B. of which said mortal wound the said A. B. did then, and there, instantly die ; and that the said E. F. then and there, Offence of feloniously, wilfully, and of his malice aforethought, was present, pal in se

the princiaiding, helping, abetting, comforting, assisting, and maintaining, cond dethe said C. D. in the felony and murder aforesaid, in manner and

gree.

(8) See Forms and law, 1 Leach And as to indictments against prin. 360 388, 515. 2 East P. C. 516. 1 cipals in first and second degree, see Hale, 521, 2. Andr. 195. Fost. 130. ante 1 vol. 259, 260*, 268, 9*.

form aforesaid to do and commit. And the jurors aforesaid, upon their oath aforesaid, do say, that the said C. D. and E. F. him, the said A. B., in manner and form aforesaid, feloniously, wilfully, and of their malice aforesaid, did kill and murder, against the peace of our said lord the king, his crown, and dignity.

Common [After framing the indictment against the prineipal in the usual indict. ment a

form, at the foot, proceed as follows.] And the jurors aforesaid, gainst an upon their oath aforesaid, do further present, that I. K. late of, accessary before the &c. labourer, before the said felony, (or “ felony and murder,” or fact to

“ burglary,” &c. as the case is) was committed in form aforesaid, murder, burglary, to wit, on, &c. with force and arms, at, &c. did unlawfully and feloor felony. niously counsel, aid, abet, and procure (or if for murder, “ did (0)

feloniously and maliciously incite, move, procure, aid, counsel, hire, and command") the said C. D. to do and commit the said felony, (or, “the said felony and murder,") in manner and form aforesaid, against the peace of our said lord the king, his crown, and dignity. (And if against a statute, add " and against the form of the statute, in such case made and provided.")

Indict. [After framing the indictmeni against the principal, in the usual ment a

form, at the foot proceed as follows.] And the jurors aforesaid, gainst an accessary upon their oath aforesaid, do further present, that I. K. Jate of, for harbouring

&c. labourer, well knowing the said C. D. to have done and comthe princi- mitted the said felony and burglary (according to the fact), *in form pal felon.

aforesaid, afterwards, to wit, on, &c. with force and arms, at, &c. [*6] him the said C. D. did feloniously receive, harbour, and maintain

against the peace of our said lord the king, his crown, and dignity.

(u)

(t) See Forms 1 Leach, 401. 515. appear that he was present aiding 1098, 9. Cro. C.C. 8 Ed. 48. 7 Ed. and abetting, 1'Leach, 515. 132. 2 Starkie, 456. See 1 vol. 262*. (u) See form Cro. C. C. 8 Ed. 48. 272*. as to the law and necessary al. 2 Starkie, 456. As to the law and legations. The accessary cannot be necessary averments, ante 1 vol. convicted on this indictment, if it 264*.272", 3*.

INFORMATIONS, EX OFFICIO, BY ATTORNEY GE

NERAL.

Michaelmas Term, in the 56th year of the reign

of king George the Third. Middlesex, (to wit.) Be it remembered, that A. B. esquire, Informa

tion by the attorney general of our sovereign lord the now king, who for our

attorney said lord the king prosecutes in this behalf, in his proper person general ex

officio. (x) comes here into the court of our said lord the king, before the king himself at Westminster, in the county of Middlesex, on

in this same term, and for our said lord the king gives the court here to understand and be informed that C. D. late of --, yeoman, on, &c. [describe the offence precisely as in an indictment, and conclude each count the same as an indict. ment ante 3 to 5, and if there be several counts commence each as follows and conclude the information as below.]

next, after

And the said attorney general of our said lord the king, who Second

count of prosecutes as aforesaid, further gives the court here to understand

the same. and be informed that the said C. D. on, &c. [state the offence as (1) in a second count in an indictment, and conclude the whole as follows.]

Whereupon the said attorney general of our said lord the king, Conclu

sion of in who for our said lord the king in this behalf prosecutes, for our

formation. said lord the king prays the consideration of the court here in the premises, and that due process of law may be awarded against the said C. D. in this behalf, to make him answer to our said lord the king, touching and concerning the premises aforesaid, &c.

(x) See form 2 Ld. Raym. 1461. 8. ante 1 vol. If by solicitor general Starkie 357. Difference between during vacancy, see 4 Burr. 2553, 4. information by attorney general es 2576, 7. officio and one in the crown office, in (v) See form of second count, 2 the name of the master 9 East. 527, Ld. Raym. 1462,

(*7]

* FORM OF CORONER'S INQUEST.

day of

[*8]

Inquisi- Middlesex. An inquisition indented, taken for our sovereign tion of

lord the king, at the Parish of murder

the

in the County of against

in the

year of the reign of before A. B. principal and aiders "gentleman, one of the coroners (6) of our said lord the king, for the and abet. county aforesaid, upon the view of the body of C. D. then and tors. (a)

there lying dead upon the oaths (c) of E. F.G. H. 1. K. &c. [stat. ing all the names] good and lawful men of the county aforesaid, duly chosen, and who being then and there duly sworn, and charged to inquire for our said lord the king, when, where, how, and after what manner, the said C. D. came to his death, do say upon their oath that one L. M. late of aforesaid, gentleman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the, &c. with force and arms, at &c. in, and upon the aforesaid C. D. in the peace of God, and of the said lord the king, then and there being feloniously, wilfully, and of his ijalice forethought, did make an assault, and that the aforesaid L. M. then and there with a certain drawn sword made of iron and steel of the value of 58. which he the said L. M. then and there had, and held in his right hand; the aforesaid C. D. in and upon the left part of the belly of the said C. D a little above the navel of the said C. D. then and there violently, feloniously, wilfully, and of his malice forethought, thrust, stab, and penetrate, and that the said C. D. with the sword aforesaid, by the thrusting, stabbing, and penetrating aforesaid, did then and there give unto him the said C. D. in and upon the aforesaid left part of the belly of the said C. D. a little above the navel of the said C. D. one mortal wound of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the aforesaid C. D. then and there instantly died, and so the said L. M. then and there in manner and by the means aforesaid, feloniously, wilfully, and of his malice forethought did kill and murder the said

(a) As to prosecutions founded on (6) This seems necessary, Hawk. a coroner's inquest, ante 1 vol. 163*. b. 2. c. 25. s. 119. See forms Burn. J. Coroner,VI. Cro. (c) Hawk. b. 2 c. 25. s. 126. 1 C.C. 8 Ed. 238. Williamis, J. Coroner. Sid. 140. 1 Keb. 498. IV. Imp. Off. Cor. 1 Ed. 68, &c. 2 Ed. 467. 2 Starkie, 356.

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