case a prisoner, although she entertain a hope that his conviction will tend to procure the pardon of her convicted husband; it is an influence which only affects her credit, and not her competency, Mrs. Perreau's ....127 31 If a witness be rendered competent, by receiving a release, yet if he declare that he believes, that under the circumstances of the case the releasor will consent to destroy it, his testimony shall be rejected .....................ibid, 130 32 The delivery of a threatening letter. to a third person, to forward to the party the object of it, is, although sealed at the time of delivery, evidence that the deliverer knew its contents, Girdwood's case, 142 33 A sentence of jactitation is not conclusive evidence on an indictment for bigamy, Duchess of Kingston's case.......... ........146 34 The supposed drawer of a forged promissory note, unindorsed, and not payable to order, having received a general release from the holder, is a competent witness to prove the forgery, Akehurst's case, 150 35 The nisi prius record in which the names of the two Judges of Assize are inserted, is good evidence to prove the cause in which perjury is alleged, although the indictment state that the oath was taken before one of the Judges only, Alford's case.... .......150 36 An accomplice is a competent witness before the Grand Jury, though not previously admitted a witness for the Crown, and carried surreptitiously before them, Dr. Dodd's case...... .......155 37 On an indictment against an apprentice for fraudulently inlisting 38 To bring an offender within the penalties of SIR JOHN COVENTRY'S ACT, evidence must be given not only of a malicious intention to maim, but of a lying in wait to effect it, Tickner's case .........187 39 Parole testimony given before a magistrate whether for felony or misdemeanor, cannot be received on the trial of the prisoner, unless it be previously proved that the information was not reduced into writing, for by the statutes of Philip and Mary, it is the duty of magistrates to take all charges in writing, and Courts will presume it to have been so, unless the contrary be proved, Fearshire's case ...202 40 The drawee of a bill of exchange, is not a competent witness to prove the indorsement a forgery, without a release from the indorsee, John Taylor's case ..214 41 To utter a forged order for the payment of money under a false insinuation of being the drawer of it, is evidence of knowing it to be forged, John Sheppard's case...226 42 In forgery an unstamped bill of ex< change may be given in evidence, though the 23 Geo. III. c. 49. says that no unstamped bill shall be available or given in evidence in any Court, &c. Rex v. Hawkeswood. 257 43 For the stamp is not any part of the instrument; it is merely a mark impressed on the paper to denote the payment of a duty; and is merely collateral to the instrument itself, Colin Reculist's case.....703 44 And the stamp acts being merely revenue laws, do not mean to make any alteration in the crime of for 46 But no part of the confession can in any way be coupled with the facts thus received in evidence, D. Moxey's case..............265, notis. 47 Except that particular part of the confession which immediately relates to the fact thereby discovered, Butcher's case. .....265, notis. 48 On a charge of stealing from the dwelling-house to the amount of forty shillings, it must be in evidence that the prisoner took goods to that amount at one and the same time, Petrie's case................294 49 Parole testimony may be given on an indictment for forging a bill of exchange, though the bill itself is in existence; for the possession of the holder is, constructively, the possession of the prisoner, and he is not bound to produce it against himself, Aickles's case............296 50 Copies of written documents may be given in evidence, if the originals be in the hands of the parties, and they refuse on notice to produce them, Le Marchand's case, 300, notis. 51 An attested copy of a letter directed to a prisoner, containing a challenge, may be given in evidence on the trial for murder, if proof be given that the original reached his hands, Cosmo Gordon's case......... ...300, notis. 54 Three prisoners, on a charge of highway robbery, made a full confession of their guilt before the committing magistrate, and one of them was admitted a witness for the crown; but no written examination of the witness, or confession of the prisoners, was returned, and no evidence being given that they were not taken in writing, oral testimony of what they had said was rejected, Rex v. Jacobs...... ...309 55 A cashier who signs notes "FOR the Governor and Company of the Bank of England," is competent in forgery to prove that his name is not his hand-writing; for he is not directly and immediately interested, Newland's case.........311 56 The signature of the cashier's name may be disproved by any other person who is acquainted with the character of his handwriting, Hughes's case...311, notis. 57 And if it have been proved that the instrument is false in every part, as in the texture of the paper, the water-mark, the engraving, the ink, and the date, it is not necessary to disprove his signature, M'Guire's case, are 311, notis. 58 Persons intitled to any parliamentary reward competent witnesses; notwithstanding they are, in this respect, interested in the conviction of prisoners, The Rioters' case......314, notis 59 The payee, if the bill never reach his hand, and he has no demand on the drawer, is a competent witness to prove that his name indorsed thereon is not his handwriting, Sponsonby's case ......332 60 But the drawer being the only witness who can prove the identity of the payee, a letter of advice from him to the payee, signifying that he had drawn such a bill, is not the best evidence of that fact, Sponsonby's case ..........332 61 And therefore the supposed payee, until his identity be legally proved, is not a competent witness......ibid. 02 An attainted convict cannot be a witness, and therefore his declaration at the moment of execution cannot be given in evidence as the declaration of a dying man, George Drummond's case .... 337 71 The books of a corporation, he ralds' books, minutes of a visitation, the rolls of a court-baron, parish-registers, and every book which is of a public nature, may be given in evidence......393, notis. 72 So the assignation book of the Prerogative Court is evidence, Ramsbottom's case.......... .26, notis. 73 A witness, though deaf and dumb, may be sworn, and give his evidence on an indictment for felony, if intelligence can be conveyed to and received from him by means of signs and tokens, J. Ruston's ........408 74 A Scotch covenanter may give evidence in a criminal prosecution on being sworn according to the custom of his sect, without kiss case e case 76 An indictment on 13 Geo. III. c. 56. for removing the stamps on plate, to wit, the King's head and the lion rampant, is not proved, if, on producing the plate, the stamp. appear to be a lion passant, C. Lee's case...... 416 77 On an indictment for a misdemeanor under the 22 Geo. III. c. 58. for receiving stolen goods, the principal felon is a competent witness against the accessa Haslam's 418 78 The non-delivery of a hired. chaise, and the disappearance of the hirer, although the hiring was for an indefinite length of time, is evidence of a tortious conversion, M. Semple's case............420 79 A person who has no notion of eternity, or of a future state of rewards and punishments, cannot be sworn, and therefore cannot be examined as a witness, White's case, 430 80 But the trial may be put off, and the party instructed... 430, notis. 81 On an indictment for forging a letter of attorney whereby the prisoner transferred stock, the proprietor of the stock cannot be a witness to prove that his name is not his hand-writing, Heysham's 438, notis. case ....... 82 A conviction for a conspiracy, or barratry, or for any offence comprehended under the denomination of crimen falsi, disqualifies the convict to be a witness; for it is the infamy, and not the punishment, that works the disability, Priddle's case, 442 84 But now, by 31 Geo. 3. c. 35. no person shall be an incompetent witness by reason of a conviction for petty larceny..................443 85 The pardon of a convict on the 31 Geo. II. c. 10. for taking a false oath to obtain probate of a seaman's will, renders him a competent witness against the person who suborned him; for by the allowance of the pardon his disability is removed, T. Reilley's case.........454 86 The testimony of an accomplice, though totally uncorroborated, is sufficient to warrant a conviction, if believed by the Jury, Atwood's .....464 87 The Court generally do not call upon a prisoner to defend himself against the single uncorroborated testimony of an accomplice; but this is rather a matter of discretion with the Court than a rule of law, Durham's case................. ........478 case......... 88 For no doubt can be entertained but that a prisoner may be convicted upon the single and uncorroborated testimony of an accomplice, if the Jury believe him, Atwood's case ..464 89 On an indictment of murder, an information given on oath by the deceased, in the presence of the prisoner, may be given in evidence, though the informant was not apprehensive of death, and though the information be signed by one magistrate only, Radburn's case, 457 90 In murder, the dying declarations of the deceased, after the mortal wound is given, may be received in evidence, although the party did not express any apprehension of approaching dissolution, if the Jury [sed vide John's case, infra] think that from the circumstances of the case she must have felt such an apprehension, Woodcock's case, 500 91 But although the medical attendant of the dying person tell her in such terms as seem to make her sensible of her immediately impending dissolution, yet if, from the cessation of pain, as where mortification has taken place, and greatly advanced, the patient, in fact, believes that she is getting better, from the pain having ceased, her dying declaration cannot be received, Wellborn's case, 503, notis. 92 But it is not necessary that the fact of the deceased having been sensible of impending dissolution should be determined by the Jury ; it is for the Court to determine whether the deceased was or was not under that impression at the time the declaration was made, John's case..... 504, notis. 93 On a trial for murder, an examination of the party wounded taken by a magistrate at an infirmary, but not in the presence of the prisoner, cannot be read in evidence as an examination taken pursuant to the statutes of Philip and Mary; but if the examinant appeared conscious that his death was inevitable, it may be read as a dying declaration, Dingler's case, 561 94 For such an examination is extrajudicial, not being taken as the statutes of Philip and Mary direct; and therefore cannot be received in evidence, Woodcock's case, 500 95 A Grand Jury cannot receive the examination taken before a ma- ́ gistrate on a charge of felony, but must hear the deponent's vivâ voce testimony, although there be rea son to suspect that he has been 96 On an indictment for the mur- don's case.. 98. A voluntary confession of felony made by a prisoner before a magistrate, and reduced into writing, may be given in evidence, though the magistrate has neglected, and the prisoner refused, to sign it, Lamb's case....... .......552 99 Minutes taken by the solicitor for a prosecution, on the examination of a prisoner before a magistrate, may be read in evidence at the trial, though not signed. either by the prisoner or the magistrate, Thomas's case ......... 637 100 But a prisoner may, previous to his signing his examination, retract what he has said, Bennet's 553, notis. case........... 101 A confession made under the hope of being admitted a witness for the Crown, is not a voluntary confession, Hall's case...559, notis. 102 On the trial of an indictment for murder, the death of the person charged to have been killed may be collected from the circumstances, if incapable of being proved by other evidence, Hindmarsh's case, 569 103 Immaterial averments in an indictment need not be proved, Holt's case 59% |