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single Enactment is charged.]
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
the following assertions:
set House, at about 3 o'clock in the afternoon of
tended to murder Z.
í B.) had told C. that he (B.) intended :0 murder Z.
[In this example the manner of stating the joint effect of two enactments is
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
(00.) [Examples showing the manner of joining several counts for different
is to say,
(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).
PARTICULARS OF OFFENCE.
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).
[Example showing the manner of joining several counts where it is doubtful
which offence the defendant committed.]
[Escamptés showing the manner in which documents may be referred to.]
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
on seven different occasions, under the false pretence of carrying on
for the same. The names of the five persons, the nature of the pro-
Schedule A. hereto annexed. The 1st, 2nd, 3rd, 4th, 5th, 6th, and
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.
Code (Indict C. The 12th, and 13th counts of this indictment relate respectively to
(m) Sub-s. (c)
Description of Forged Documents.
by B. and to be dated on the 1st Jan. 1878, and to be payable three months after date.
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.
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].
Form of a Plea in Abatement.
the ground of disqualification), and was as such disqualified to serve on the
by the Court).
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).