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mence

indict

[The grand inquest for the county of Philadelphia, on their ment of an oaths and affirmations, do present, that A. B. late of the said county, yeoman, on the first day of January, &c. at the county aforesaid, and within the jurisdiction of this court, with force and arms, &c. [State the offence.]

ment in

the Quarter Ses

sions of Philadelphia county.]

[Com

mence

[The grand inquest of the commonwealth of Pennsylvania, inquiring 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 man, on the first day of March, in the year of our Lord one thouthe Mayor'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.]

of Phila

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 dictment peace of our said lord the king, his crown, and dignity. or second count at common law. (0)

of an in

[*4]

The like

where the offence

has been particular

To the great scandal, infamy, disgrace, and damage of the said A. B. to the evil and pernicious example of all others in the like

case offending, in contempt of our said lord the king and his laws, ly injuri and against the peace of our said lord the king, his crown, and

ous to an

individual.

(p)

Conclu

sion of indictment or count

for treason. (q)

Common

dignity.

In contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him the said C. D. against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown, and dignity.

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, ment or his crown, and dignity.

of indict

second count on a statute. (r)

tant per Holt in Granburn's Case, 4
St. Tr 686. 6 St. Tr. App. 56. 2
Salk. 632 Holt, 687.

(o) see ante 1 vol. 245*, 6*. Cro. C.
C. 8 Ed. 45. The conclusions vary
according to the nature of the of-
fence.

(p) In case of libel or other offence more particularly affecting an individual, the form may be as above, ante 1v. 245. Cro. C. C. 8 Ed. 256, 7. (9) 6 Wentw. 357.

(r) Ante 1 vol. 290", 1*, 2*. Cro. C. C. 8 Ed. 45.

sion of an indict

[Contrary to the act of Congress in such case made and pro- [Concluvided, to the evil example of all others in the like case offending, and against the peace and dignity of the United States of Ame- ment in rica.]

the Circuit Court of

ment for a murder

the United States, for the Eastern District of Pennsylvania.] [To the evil example of all others in the like case offending, [Conclusion of an and contrary to the form of the act of general assembly, in indictsuch case made and provided, and against the peace and dignity ment in the Quarof the commonwealth of Pennsylvania.] ter Sessions of the County of Philadelphia.] Essex, (to wit.) The jurors for our lord the king upon their Indictoath present, that C. D. late of, &c. and E. F. late of, &c. on, &c. with force and arms at, &c. in and upon one A. B. in the peace of against a principal God, and of our said lord the king, then and there being, felo- in first deniously, and wilfully, and of their malice aforethought, did make gree and a principal an assault, and that the said C. D. a certain gun called a carbine in second of the value of 10. then and there charged with gunpowder, and degree.(s) 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 the princifeloniously, wilfully, and of his malice aforethought, was present, pal in seaiding, 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 360.388. 515. 2 East P. C. 516. 1 Hale, 521, 2. Andr. 195. Fost. 130.

And as to indictments against prin-
cipals in first and second degree, see
ante 1 vol. 259*, 260*, 268*, 9*.

Common

indict

ment a

gainst an

accessary

murder,

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.

[After framing the indictment against the principal in the usual form, at the foot, proceed as follows.] And the jurors aforesaid, upon their oath aforesaid, do further present, that I. K. late of, 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, 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 (t) 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.")

Indictment a

[After framing the indictment against the principal, in the usual form, at the foot proceed as follows.] And the jurors aforesaid, gainst an accessary upon their oath aforesaid, do further present, that I. K. late of, for bar- &c. labourer, well knowing the said C. D. to have done and combouring the 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. 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)

[6]

(t) See Forms 1 Leach, 401. 515. 1098, 9. Cro. C. C. 8 Ed. 48. 7 Ed. 132. 2 Starkie, 456. See 1 vol. 262*. 272. as to the law and necessary allegations. The accessary cannot be convicted on this indictment, if it

appear that he was present aiding and abetting, 1Leach, 515.

(u) See form Cro. C. C. 8 Ed. 48. 2 Starkie, 456. As to the law and necessary averments, ante 1 vol. 264*. 272*, 3*.

INFORMATIONS, EX OFFICIO, BY ATTORNEY GE

NERAL.

Michaelmas Term, in the 56th year of the reign

of king George the Third.

tion by the attorney

officio. (x)

Middlesex, (to wit.) Be it remembered, that A. B. esquire, Informaattorney general of our sovereign lord the now king, who for our said lord the king prosecutes in this behalf, in his proper person general ex comes here into the court of our said lord the king, before the king himself at Westminster, in the county of Middlesex, on next, after — 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 indictment ante 3 to 5, and if there be several counts commence each as follows and conclude the information as below.]

count of

the same.

And the said attorney general of our said lord the king, who Second prosecutes as aforesaid, further gives the court here to understand 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.]

sion of in. formation.

Whereupon the said attorney general of our said lord the king, Concluwho for our said lord the king in this behalf prosecutes, for our 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. Starkie 357. Difference between information by attorney general ex officio and one in the crown office, in the name of the master 9 East. 527,

8. ante 1 vol. If by solicitor general
during vacancy, see 4 Burr. 2553, 4.
2576, 7.

(v) See form of second count, 2
Ld. Raym. 1462.

[*7]

tors

[*8]

*FORM OF CORONER'S INQUEST.

the

Middlesex. An inquisition indented, taken for our sovereign lord the king, at the Parish of in the County of day of in the year of the reign of

before A. B.

Inquisition of murder against principal and aiders gentleman, one of the coroners (b) of our said lord the king, for the and abet- county aforesaid, upon the view of the body of C. D. then and 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 alice 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 a coroner's inquest, ante 1 vol. 163. See forms Burn. J. Coroner, VI. Cro. C. C. 8 Ed. 238. Williams, J. Coroner IV. Imp. Off. Cor. 1 Ed. 68, &c. 2 Ed. 467. 2 Starkie, 356.

(b) This seems necessary, Hawk. b. 2. c. 25. s. 119.

(c) Hawk. b. 2 c. 25. s. 126. 1 Sid. 140. 1 Keb. 498.

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