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A.D. 1878.

(NN.)
[EXAMPLES of the Body of the INDICTMENT where an Offence against a

single Enactment is charged.]

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The Criminal Code (In- The defendant gave false evidence on the trial of B. for dictable Offences), 1878, the murder of Z. at the Central Criminal Court before the Honourable Mr. Justice

on the
of 187 , in order to obtain the conviction
of B. for murder. Such false evidence consisted of

the following assertions:
(a.) I (the defendant) saw B. in the Strand, near Somer-

set House, at about 3 o'clock in the afternoon of
Monday the

187
(6.) I (the defendant) heard B. tell C. that he (B.) in-

tended to murder Z.
(c.) I (the defendant) heard B. ask C. not to say that he

í B.) had told C. that he (B.) intended :0 murder Z.
This was at the house of Mr.

number
Street.

of

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[In this example the manner of stating the joint effect of two enactments is

shown.]

25

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The Criminal Code (In- The defendant couspired with B. and C. that B. should

dictable Offences), 1878, personate D. in order fraudulently to obtain a certain
s. 249, and s. 33, sub-s. (c.). estate.

A.D. 1878.

(00.) [Examples showing the manner of joining several counts for different

offences.]

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is to say,

1.

2.

3.

(a.) A gold watch of the value of 301. which he stole from the person of C.D. on (date) at (place).

10 (6.) A horse worth 501., a cart worth 201., and harness

worth 51., which he obtained by a false pretence from

E.F. on (date) at (place). (c.) Money and valuable securities worth together 1501.,

of which he was in possession on account of his master, 15 G.H., and on which he committed criminal breach of

trust on (date) at (place). The defendant was convicted of robbery before (name of Court) at (place) on (date).

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PARTICULARS OF OFFENCE.

1.

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2.

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The Foreign En- The defendant committed the following offences by diflistment Act, 33 ferent acts :

25 & 34 Vict. c. 90. s. 4.

(a.) He induced B. to accept a commission in the naval service of

at war with at (place), on (date). (6.) He induced C. to quit England with intent to 30

accept a commission in the military service of

at war with (c.) He caused to be equipped at a ship called the

with intent that it should be employer in the naval service of

at war with

35 at place), on (date). (d.) He caused the warlike force of a certain ship called the

to be augmented, such ship being at the time in the service of

at war with at (place), on (date).

40

3.

S. 8.

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4.

s. 10.

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A.D. 1878.

(PP.)

[Example showing the manner of joining several counts where it is doubtful

which offence the defendant committed.]

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[Escamptés showing the manner in which documents may be referred to.]

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(RR.)
[An example showing the manner of referring to numerous facts by

schedules.]

·A.D. 1878.

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1 2 3 4 5 6 7

The Criminal | The defendant, a bankrupt, committed the following offences by diffe- 5

Code (Indict rent acts. He obtained property on credit from five different persons
ableOffences),

on seven different occasions, under the false pretence of carrying on
1878, s. 277. business and dealing in the ordinary way of his trade, and did not pay
Sub-s. (m.)

for the same. The names of the five persons, the nature of the pro-
(a) perty obtained, and the times when it was obtained, appear from 10

Schedule A. hereto annexed. The 1st, 2nd, 3rd, 4th, 5th, 6th, and
7th counts of the indictment refer to the entries marked (a), (b),
(c), (d), (e), (f), (g) respectively in the said schedule.

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SOSOSGE 3333

8

10 11

Sub-8. The defendant also obtained property by false pretences from four

other persons at other times. The names of those persons, the nature (h) of the property obtained, and the times it was obtained, appear from

Schedule B. annexed hereto. The 8th, 9th, 10th, and ilth counts of 20 (j) this indictment refer to the entries marked (h), (i), (j), and (k) in

(k) that schednle.
The Criminal The defendant also forged the several documents specified in Schedule

Code (Indict C. The 12th, and 13th counts of this indictment relate respectively to
able Offences), the entries marked (1) and (m) in that schedule, which documents 25
1878, s. 233. are valuable securities, and the 14th and 15th counts to the trienes
Sub-s. (b.) marked (n) and (0) in that Schedule.

(1)

(m) Sub-s. (c)

30 (n)

12 13

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1.

Description of Forged Documents.
A bill of exchange for 100l. purporting to be drawn by A. on B. and to be accepted 50

by B. and to be dated on the 1st Jan. 1878, and to be payable three months after date.
A lease purporting to let to A. a house, No.

Street, London, for 14 years. A letter purporting to be addressed to A. by 2. containing the terms of a certain contract. A certificate purporting to be given by W., and stating, &c.

m.

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A.D. 1878.

(SS.)

Forms of Motions. The defendant moves the court to quash the indictment [or to arrest judgment] on the ground [that the indictment contains no statement of any 5 indictable offence, or as the case may be].

(TT.)

SPECIAL PLEAS.

Form of a Plea in Abatement.
A. pleads in abatement of the indictment found against him that one of the
10 grand jurors by whom the bill was found, that is to say, B.C., was [state

the ground of disqualification), and was as such disqualified to serve on the
grand jury.
Replication (in the name of the Officer of the Court, or any person appointed

by the Court).
15 J. says that A.'s plea is false in fact [or] says that A.'s plea is bad in law [or]

that A.'s plea is both false in fact and would be bad in law if it were true in fact.

[The subsequent proceedings may be thus recorded.]

The court impannels B., C., &c. (names of jurors), as a jury to try the truth 20 of A.'s plea.

The jury find for the defendant.

The court orders the indictment to be quashed and another to be sent before the grand jury, and orders that B.C. shall not serve thereon.

or The jury find for the Crown. 25 The court gives judgment that the defendant answer further to the indictment.

Form of a Pleu in abatement to the Jurisdiction. A. pleads in abatement of the indictment that this court has no jurisdiction because the defendant is a peer of parliament, and the offence with which be 30 is charged is one for which he might upon conviction be sentenced to penal servitude.

Form of special Plea in Bar. The defendant says that he was acquitted (or convicted) of the offenco charged in this indictment at (place) on (date).

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