indictment or example of all others in the like case offending, and against the peace of our said lord the king, his crown, and dignity. second count at common law. (p) The like where To the great scandal, infamy, disgrace, and damage of the said the offence has A. B. to the evil and pernicious example of all others in the like been particu to an indivi larly injurious case offending, in contempt of our said lord the king and his laws, and against the peace of our said lord the king, his crown, and dignity. dual. (9) count for trea Conclusion of In contempt of our said lord the king and his laws, to the evil indictment or 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. son. (r) Common con. clusion of in Against the form of the statute (or "statutes") in such case dictment or se- made and provided, and against the peace of our said lord the king, cond count on his crown, and dignity. a statute. (s) Indictment for a murder (1) Essex, (to wit.) The jurors for our lord the king upon their against a prin- oath present, that C. D. late of, &c. and E. F. late of, &c. on, &c. cipal in first with force and arms at, &c. in and upon one A. B. in the peace of degree and a principal in God, and of our said lord the king, then and there being, felosecond degree. niously, and wilfully, and of their malice aforethought, did make an assault, and that the said C. D. a certain gun called a carbine of the value of 107. then and there charged with gunpowder, and 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 leged in the same indictment it (p) See ante 1 vol. 245, 6. Cro. (q) In case of libel or other offence more particularly affecting an individual, the form may be as above, ante 1 vol. 245. Cro. C. C. 8 Ed. 256, 7. (r) 6 Wentw. 357. (s) Ante 1 vol. 290, 1, 2. Cro. C. C. 8 Ed. 45. (t) 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 principals in first and second degree, see ante 1 vol. 259, 260, 268, 9. as aforethought, strike, penetrate, and wound the said A. B. in and 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. 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 feloniously, wilfully, and of his malice aforethought, was present, cond degree. principal in seaiding, helping, abetting, comforting, assisting, and maintaining the said C. D. in the felony and murder aforesaid, in manner and 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. dictment a the fact to [After framing the indictment against the principal in the Common inusual form, at the foot, proceed as follows.] And the jurors gainst an ac aforesaid, upon their oath aforesaid, do further present, that I. K. cessary before late of, &c. labourer, before the said felony, (or " felony and mur- murder, burg der," or 66 burglary," &c. as the case is) was committed in form lary or felony. (u) aforesaid, to wit, on, &c. with force and arms, at, &c. did unlawfully and feloniously counsel, aid, abet, and procure (or if for mur der, ❝ did 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.") cessary for har [After framing the indictment against the principal, in the Indictment usual form, at the foot proceed as follows.] And the jurors against an aeaforesaid, upon their oath aforesaid, do further present, that I. K. bouring the late of, &c. labourer, well knowing the said C. D. to have done principal feand committed the said felony and burglary (according to the fact,) (z) Sce 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, (x) See form Cro. C. C. 8 Ed. in form aforesaid, afterwards to wit, ou, &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. Information by the attorney general ex officio. (y) Second count of the same. (z) Conclusion of information. INFORMATIONS, EX OFFICIO, BY ATTORNEY Michaelmas Term, in the 56th year of the reign of king George the Third. Middlesex, (to wit.) Be it remembered, that A. B. esquire, attorney general of our sovereign lord the now king, who for our said lord the king prosecutes in this behalf, in his proper person 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 And the said attorney general of our said lord the king, who prosecutes as aforesaid, further gives the court here to understand and be informed that the said C. D. on, &c. [state the offence as in a second count in an indictment, and conclude the whole as follows.] Whereupon the said attorney general of our said lord the king, who 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. INFORMATION BY MASTER OF CROWN OFFICE. Trinity Term, 39 George III. ment of infor in name of the Denbighshire, (to wit.) Be it remembered, that James Templer, Commenceesquire, coroner and attorney of our lord the now king, in the court mation in of our said lord the now king, before the king himself, who prose-crown office cutes for our said lord the king in this behalf, in his proper person master. comes here into the court of our said lord the king, before the king himself at Westminster, on Tuesday next after the Octave of the Purification of the Blessed Virgin Mary, in the 39th year of the reign of our sovereign lord the'now king, and for our said lord the king, gives the court here to understand and be informed that C. D. late of, &c. [here state the offence with the same precision as in an indictment, and conclude each count according to the nature of the offence as follows.] To the great damage of him the said A. B., to the evil example Conclusion of of all others in the like case offending, and against the peace of each count. our said lord the king, his crown, and dignity. ment of second And the said coroner and attorney of our said lord the king, who Commencefor our said lord the king in this behalf prosecutes, further giveth count. the court here to understand and be informed that the said C. D. on, &c. [state offence as in second count of an indictment.] clusion. Whereupon the said coroner and attorney of our said lord the Common conking, who for our said lord the king in this behalf prosecuteth for our said lord the king prayeth the consideration of the court here in the premises, and that due process of law may be awarded against him, the said C. D. in this behalf, to make him answer to our said lord the king, touching and concerning the premises aforesaid. FORM OF CORONER'S INQUEST. murder against Middlesex. An inquisition indented, taken for our sovereign Inquisition o lord the king, at the Parish of in the County of the principal and day of before A. B. aiders and abettors. (a) (a) As to prosecutions founded. on a coroner's inquest, ante 1 vol. VI. 163. See forms Burn. J. Coroner, ใน gentleman, one of the Coroners (b) of our said lord the king, for the 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. I. K. &c. [stating all the names] good and lawful men of the county aforesaid, duly chosen, and who being then and there duly sworn, and charged to enquire 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 malice 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 5s. 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 C. D. against the peace of our said lord the king, his crown and dignity.- -And the said jurors further say upon their oath aforesaid, that N. O. of yeoman, and P. Q. of yeoman, were feloniously present with drawn swords at the time of the felony and murder aforesaid, in form aforesaid committed, that is to say on the said, &c. at aforesaid, in the county aforesaid, then and there comforting, abetting, and aiding the said L. M. to do and commit the felony and murder aforesaid, in manner aforesaid, against the peace of our said lord the king, his crown and dignity. And moreover, the jurors aforesaid, upon their oath aforesaid, do say, that the said L. M. N. O. and P. Q. had not, nor any of them had, nor as yet have or hath, any goods or chat liams, J. Coroner IV. Imp. Off. (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. |