real coin, which is properly called MURDER. graining, Bunning and Pendergrast's 1 Murder is where a person of sound case MISNOMER. ..621 1 To a plea of misnomer, which may MONEY. 476 3 4 1 Guineas, dollars, or Portugal pieces, MOULD. 1 A mould on which is made and im- hended within the words tool or 2 A mould having only the convex 92 understanding unlawfully kills another of malice, aforethought, either express or implied. If the malice be express, the fact is with the jury; if implied, the fact is with the court, Hazel's case..........383 Accidental homicide cannot be murder, except it happen in prosecution of some illegal act, Hodgson's case...... ...........6 The bodies of executed murderers are, by the common law, at the disposal of the king, Hall's case....21 But by 22 Geo.II. c. 37. the judge who tries a murderer may, after sentence of execution pronounced, order the body to be hung in chains, 22, notis. On a conviction of petty treason, 6 But in murder, except in those 9 So it is doubted whether death oc- case........... 10 If a bailiff be maliciously killed in executing an attachment issued by the county-clerk in a cause in which the county-clerk is plaintiff, it is murder, for such attachment is legal, Richard Baker's case.....112 11 So if a known officer be killed while he is endeavouring to arrest a man, upon a blank warrant it is murder .........115, notis. 12 A woman who, in a transport of passion, kills a peace officer who is about to take the man she cohabits with to prison, under a warrant which turns out to be illegal, is guilty of murder, Mary Ady's case, 208 who committed the offence, all must be acquitted, The Ipswich case..388 18 A person indicted for petty trea son and murder, combined in one count, may be found guilty of the murder and acquitted of the treason, Radbourne's case.............457 19 On the trial of an indictment for murder, the death of the person charged to have been killed must be positively proved, and cannot be collected from the circumstances, Hindmarsh's case..................569 1 13 Murder committed at the Cape of case..... case.... 17 But it is said that if five men be indicted for murder, and it appear that the murder was committed by one of them, and not by the other four, and it is not ascertained by the 3 MUTUS ET SURDUS. The defect of being deaf and dumb may, as to the trial of an offender, be obviated, if he can communicate and receive ideas, through the intervention of others, by signs and tokens, Jones's case................102 Whether a prisoner stand mute, obstinately, or by visitation of God, is a fact triable instanter by a jury to be returned for that purpose, and if found obstinate the trial in chief may proceed, Mercier's case, 183 So if the jury return that the prisoner is deaf by the visitation of God, the trial may proceed, and on conviction the prisoner be sentenced to transportation, Steele's case...451 4 And by 12 Geo. III. c. 20. it seems that such a convict may be executed....... .................453, notis. N. 1 The name of the owner of the house special verdict which of them it was 2 A corporation must prosecute by 6 If property be stolen, when it resides in trustees who are not incorporated, the indictment must state the names of the trustees, and the nature of the trust, Patrick and Pepper's case...........253 7 A peer of Ireland, unless he be a Lord of parliament, cannot sue or prosecute by his name of dignity, but must be described by his proper name, with the addition of his degree and title, Graham's case....547 8 But where an indictment for larceny laid the goods stolen to be the property of "Victoire Baroness Turkheim," and it appeared that she always went by that name, though her real name was Selina Victoire, and Baroness Turkheim her title only, it was held good, E. Sull's case... ...861 9 A letter signed by two initials, as R. R. is a letter "without a name these terms, "Please to deliver my "work to bearer, L. B." is an order within 7 Geo. II. c. 22. although neither the pieces of work, nor the weight of each is, as usual, stated, Jones's case .53 2 A forged order on a banker for payment of money, purporting to be made by a person who kept cash at the house, is within the statute, though made in a fictitious name, or in the name of a person who had no authority to draw on this house, Lockett's case...............94 3 But a note, in the name of an overseer of the poor, to a shopkeeper "desiring him to let the prisoner have a pair of stockings, &c. which he would see him paid for," is neither a warrant or an order within the statute, but a mere request, with which the shopkeeper might have refused to comply, Mitchell's case, 95, notis. 4 So a note, " Please to let the bearer G. W. have twelve barrels of tar, and in so doing you will oblige yours, &c." is not within the statute; the person whose name was forged to it, not being the owner of any tar, or having any authority to make such order; for in such case no other person's right is usurped, Williams's 114 case... 5 So a note" Please to send 107. by the bearer as I am so ill I cannot wait on you," is not an order for money, but a mere letter, rather requesting a loan, than ordering payment of money; no right to make such an order appearing on the face of it, Ellor's case......323 It must appear that the person whose order it purports to be, had authority to make it, and therefore an indictment stating an order to deliver goods, purporting to be signed by one who was alleged to be the servant of the owner, without shewing that he had authority to 6 7 An order purporting to be the order of a seaman on his prize-agent "to pay all my proportion of prize" money due for my services on "board the G." is within the statute 7 Geo. II. c. 22. provided it do not, on the face of it, appear void by 32 Geo. III. c. 34. though it would in fact have been so had it been genuine, M'Intosh's case.........883 8 But a draft on a banker, "Pray pay to A B. or bearer, six pounds, yours, H. T." though in a fictitious name, assumed by the party at the time, for the purpose of fraud, and to avoid detection, is within the statute, though credit was given to his person for the goods he got for the draft, Shepherd's case ..... .226 9 A forged draft on a banker, or a bill of exchange,, may be laid in the indictment as " an order for payment of money".......ibid, notis. 10 All orders for the delivery of goods to be within 7 Geo. II. c. 22. must purport to be the order of the owner of the goods, or of some person who has or claims an interest in, or who has or assumes a disposing power over such goods, and takes upon him to transfer the property or custody of them to the person in whose favor such order is made, 544 P. PAID NOTE. 1 If a Bank-note be paid, and cancelled in the usual form, and placed on the file, and a clerk of the Bank take it off the file, conceal the cancel mark, put it into circulation, and embezzle its produce, he may be indicted on 15 Geo. II. c. 13. for stealing it as part of the effects of the Bank, Bakewell's case....943 2 So if a person steal the paid notes of a country bank, while on their way from the London bank, and put them fraudulently into circulation, he may be indicted for stealing them on 2 Geo. II. c. 25. as promissory notes, although they were never reissued by the country bank, Clarke's case...............1036 So if such paid notes be lost, and the finder alter the place of payment, and by that means obtain money for them, he may be indicted for it as a forgery, Treble's case......1040 So a paid note of a country bank sent by the post from London for the purpose of being reissued, but which is secreted by a facer of letters at the post-office is a security within 7 Geo. III. c. 50. s. 1. Ranson's case. ..1090 3 4 2 PARDON. If a general pardon come out between the time of arraignment and trial, prisoners shall have the advantage of it, although they neglect to plead it at the time of trial, Haines's case ...................... ........40 On allowing a pardon which has been neglected to be taken advantage of in due time, the Court will order the prisoner to pay the prosecutor his costs, Haines's case...41 3 The king's sign-manual cannot be pleaded as a pardon; for a pardon must be pleaded sub pede sigilli, Gully's case... ...98 |