(NN.)

[EXAMPLES of the BODY of the INDICTMENT where an Offence against a
single Enactment is charged.]

A.D. 1878.

Offence.

PARTICULAR OF OFFENCE.

5 The Criminal Code (In- The defendant murdered B. at

dictable Offences), 1878,
s. 140.

10

15

20

Offence.

PARTICULAR OF THE OFFENCE.

The Criminal Code (Indictable Offences), 1878, s. 84.

The defendant gave false evidence on the trial of B. for
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
of
187
(b.) 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
(B.) had told C. that he (B.) intended to murder Z.
This was at the house of Mr.
Street.

number

25

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

The Criminal Code (In- The defendant conspired 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.

[Examples showing the manner of joining several counts for different offences.]

(PP.)

[Example showing the manner of joining several counts where it is doubtful which offence the defendant committed.]

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

A.D. 1878.

A.D. 1878.

(RR.)

[An example showing the manner of referring to numerous facts by

schedules.]

PARTICULAR OF OFFENCE.

The defendant, a bankrupt, committed the following offences by diffe- 5
rent acts. He obtained property on credit from five different persons
on seven different occasions, under the false pretence of carrying on
business and dealing in the ordinary way of his trade, and did not pay
for the same. The names of the five persons, the nature of the pro-
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.

15

The defendant also obtained property by false pretences from four
other persons at other times. The names of those persons, the nature
of the property obtained, and the times it was obtained, appear from
Schedule B. annexed bereto. The 8th, 9th, 10th, and 11th counts of 20
this indictment refer to the entries marked (h), (i), (j), and (k) in
that schedule.

The defendant also forged the several documents specified in Schedule
C. The 12th, and 13th counts of this indictment relate respectively to
the entries marked () and (m) in that schedule, which documents
are valuable securities, and the 14th and 15th counts to the trienes
marked (n) and (o) in that Schedule.

25

1.

SCHEDULE C.

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.

n.

A letter purporting to be addressed to A. by Z. containing the terms of a certain contract.

(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].

A.D. 1878.

(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.

25

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.

The court gives judgment that the defendant answer further to the indictment.

Form of a Plea 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 he 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 offence charged in this indictment at (place) on (date).