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A Selection of Leading Cases in the Criminal Law (Founded on Shirley's Leading Cases), with Notes

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A Selection of Leading Cases in the Criminal Law (Founded on Shirley's Leading Cases), with Notes "A.^ ,' ag- STEVENS ANE, LONDON. Tf^TABlI R OF ISSUE. La\^ ORIS. THE C. OLDEST- UNIVERSITY STEVENS Proprietors of these old-cs OF CALIFORNIA addition to the many im*pro they have now j»r Summary of uiotlo anan; LOS ANGELES pvc'i'v Oaso o Tho Sta'. by the Queen's Printers, and SCHOOL OF LAW Mews' A of the Superior Courts will LIBRARY it at a reduced rate. Subscribe, rs will find 1. Concisei (Ml thcqi.. >js.i^ i.\,r,r\jata iiiive never been impeached. 2. Speedy Publication of the Cases. This is now a leailiug feature, the Reports being pubhshed as speedily as possible, consistent with good reporting and editing ; and the Weekly Edition includes Notes of all Cases up to date. 3. Simplicity of Arrangement and Facility of Reference. Tliure is oidy One Volume in each year for each Division of the Courts. 4. Economy. Annual Subsceiption feom January, 1895. Reports with Quarterly Digest £2:18:0 - „ ,, ,, ,, and Statutes - - -3:4:0 Reports, Digest, Statutes, and Mews' Annual Digest - - 3:10:0 5. Complete Quarterly Digest. This is an Alphabetical Digest of the Subject-Matter of every Reported Case in the Law Journal Repoets, Law Repokts, Law Times, Weekly Repoetee, Times Law Repoets, &c. SubBcribetB to the LAW JOURNAL REPORTS have the additional advantage of obtaining, for a further Subscription of £1 per annum, THE LAW JOURNAL NEWSPAPER, Published Weekly (price 6d.), containing the best weekly Notes of all decided Cases of the week. New Orders and Rules of Court, Cause Lists, Articles by Eminent Specialists ' / ^n Personal Information, Notices of all new Law Books, &c. 1^ *«* -4 Catalogue of New Law Works gratis on application. — ———— — -o^J STEVENS AND SONS, LIMITED, 119 & 120, CHAJSfCERY LANE, LONDON. NOW READY. Vols, i., ii. & iii.; Abandonment— Banker. Royal 8vo., bound in half vellum. Price 25s. ^w Fo/., net. RULING CASES: ARRANGED, ANNOTATED, AND EDITED BY ROBERT CAMPBELL, M.A., Of Lincohi's Inn, Barrister-at-Law, Advocate of the Scotch Bar. ASSISTED BY OTHER MEMBERS OF THE BAR. WITH AMERICAN NOTES By lEVING BEOWNE, Formerly Editor of the American Reports, ^-c. ^ Subscribers for Five Volumes in advance will be entitled to them at £ 1 per Volume. OPINIONS OF THE PRESS. " A work of unusual value and interest. Each leading case or group of cases is preceded by a statement in bold type of the rule which they are quoted as establishing. The work is happy in conception, and this first volume shows that it will be adequately and successfully carried out." Solicitors' Journal. "The English Ruling Cases seem generally to have been well and carefully chosen, and a great amount of work has been expended. Great accuracy and care are shown in the preparation of the Notes." Law Quarterly Mevieiv. ' ' The general scheme appears to be excellent, and its execution reflects the greatest credit on everybody concerned. It may', indeed, be .said to constitute, for the present, the high-watermarkof the science of book-making." Saturday Review. " It promises to save the practitioner much time." Pall Mall Gazette. " The enterprise is an ambitious and absorbing one." Daily Telegraph. ' ' The plan adopted certainly is an improvement upon the ordinary leading case system." Law Journal. "The work, so far as we have been able to test it, is accurately compiled, and it will doubtless prove a boon to the legal world on both sides of the Atlantic." Eacli volume of the Work will contain an Alphabetical Table of Cases reported or referred to ; and when the Work is complete there will be a General Index of Subjects as well as a Table of Cases for the whole. It is estimated that the Work will be carried out in about 25 Volumes. '^^' Prospectus gratis on application. *^* All Standard Law Works are kept in stock, in law calf and other bindings. : A SELECTION OF LEADING CASES IN THE CRIMINAL LAW. (FOUNDED ON SHIRLEY'S LEADING CASES.) BY HENRY WARBURTON, AND OF THE SOUTH-EASTEBN CIRCUIT, BARBISTER-AT-LAW, OK THE INNER TEMPLE, AND CENTRAL CRIMINAL COURT. LONDON STEYENS AND SONS, LIMITED, 119 & 120, CHANCEEY LANE, 18912. LONDON : STREET, FETTER LANE, E.C. PRINTED BY C. F. KOWORTH, GREAT NEW K ^ ^ TO THE RIGHT HONOURABLE JOHN DUKE, LORD COLEEIDGE, LORD CHIEF JUSTICE OF ENGLAND, WHO HAS FOR SO MANY YEARS PRESIDED OVER THE COURT FOR THE CONSIDERATION OF CROWN CASES RESERVED, THIS BOOK IS 7f/xfo ; PREFACE. This book is founded on Shirley's Leading Cases in the Criminal Law, and my aim has been to make the present collection a handbook for practitioners as well as for students. I have given 120 leading cases which will, I think, be found to include most offences and points of procedure with which a prac- titioner in criminal law has to deal. I have dealt with the cases in the following order: —(1) General Principles of Law; (2) Offences more particularly against the State, and Offences against the Person (3) Offences against Property; (4) Criminal Procedure. Having had several years' experience at the Bar of the Central Criminal Court, my attention has been especially directed to cases tried there, and I have made frequent use of the cases reported in the Sessions — — vi PREFACE. Papers of that Court,* in addition to the well-known Reports. My thanks are due to my friend Mr. Sydney W. KnoXj of the South Eastern Circuit, for much valu- able help during the preparation of this book for the Press. I may add that I have verified in the original reports the references to all the cases which have been cited. I ventm-e to express a hoj)e that, so far as it goes, this work may be found of some assistance to those who are engaged in, " Mastering the lawless science of our law, That codeless myriad of iDrecedent, That wilderness of single instances." Tennyson. H. W. 14, Outer Temple, January, 1892. * Published by Stevens and Sons, Limited, 119 & 120, Chancery Lane. CONTENTS ,, . f'oXTEXTH. PAGE 28. Compounding Crimes R- ^'- Burgess 67 72 29. Bigamy— .Bowrt fide Belief in Death — Tolson 30. Bigamy— Invalidity of Second Marriage — Allen io 31. Uttering Counterfeit Coin — Hermann .... 77 32. Concealing Treasure Trove B. «'. Thomas and Willett 79 33. Conspiracy R. i. Orman 81 84 34. Conspiracy—Must be of Two at least . — Manning 35. Receiving Lunatics in Unregistered House — Bishop 85 36. Obstructing Trains — Hadfield 87 37. Abduction — Prince 89 38. Stealing Children under Fourteen — Johnson 91 39. Abandonment and Exposure of an Infant — Falkingham . 93 40. Concealment of Birth — Brown 94 41. Burning, and Disposing of, Dead Bodies — Stephenson . 97 42. Public Indecency — Crunden .... 99 43. Keeping a Disorderly House , R. r. Rice and Wilton 101 44. Homicide—Necessity R. r. Dudley and Stephens 102 45. Homicide—Real Cause of Death R. v. Pym 105 — 46. Homicide " Constructive Murder" R. t'. Serne and Goldfinch 108 47. Homicide by Correction R. r. Hopley 110 48. Homicide —Provocation Fisher 112 49. Homicide—Neghgence Salmon 113 50. Homicide—Neglect of Duty Morby 115 51. Unlawful and Malicious Wounding, and Causing Grievous Bodily Harm Latimer 117 52. Abortion—Administering Noxious Thing Cramp . 120 53. Abortion—Supplying Noxious Thing Hillman 124 54. Rape —Consent and Submission , Flattery 126 55. Rape—Character of Prosecutrix Riley . 128 56. Coramimicating a Venereal Disease Clarence 130 OFFENCES AGAINST PROPERTY. 57. Value of Property stolen R. V. Edwards . 58. Stealing Wild Animals — " 59. Corjjus Dehcti" _ ' " 60. ' Asportation in Larceny 61. Stealing from Automatons] _ 62. Stealing from Co-partners — 63. Extortion by Frightening 64. Threat to accuse of an Infamous Crime — 65. Sovereign mistaken for a ShiUing _ 66. Larceny through mistake of Post Office Clerk — COXTFNTS. 67. Larceny by Finder R- ^'- Thurborn 68. Larceny by a Bailee — 69. Persons Employed to Sell appropriating Money Received 70. Larceny by Trick 71. Distinction between Larceny and False Pretences.. — 72. False Pretence by Conduct — 73. False Pretences by means of Worthless Cheques . — 74. Promissory False Pretences — 75. Intent to Defraud in False Pretences — 76. Puffing not Indictable — 77. Prosecutor not Deceived by False Pretence — 78. Remoteness in False Pretences — 79. Hiring by False Pretences — 80. Previous False Pretences — 81. False Pretences—Inchoate Instrument — 82. Receiving Stolen Goods — 83. Recent Possession — 84. " Other Property Stolen " — 85. Embezzlement — 86. Forgery — 87. Burglary '. 88. Arson—Goods in Building — 89. Damage to Property — 90. Poachino* Osbond v. Meadows 1 96 91. Armed Poaching by Night 'R. v. Sutton 199 92. Fraudulent Banki-uptcy — Peters 201 93. Personation — Hague 204 94. Intimidation Smith v. Thomasson 205 X CONTENTS. PAGE 105. Autrefois Acquit B,. v. O'Brien 228 106. Autrefois Convict — MUes 230 107. Witnesses Unable to Travel — Stephenson . 233 108. Character of Witnesses H. v. Brown and Hedley . 236 109. Duty of Counsel when Conducting Prosecutions .. R. v. Berens , 237 110. Order of Counsel Addressing Jury—Reply — Bums 240 111. Statement of Prisoner although Defended by Counsel — Doherty .... 242 112. Effect of Misreception of Evidence — Gibson 246 113. Criminal Law Amendment Act, 1885—E\idence.. — Paul 248 114. Confessions under Inducements — Fennell 250 115. Dying Declarations — Jenkins 252 116. Exclamations as Part of the Ees Gestae — Bedingfield . 254 117. Restoration of Property on Conviction Vilmont v. Bentley . 256 118. Wives Prosecuting Husbands R. v. Lord Mayor of London, . 258 119. New Trials B,. v. Duncan .... 260 120. Torts and Felonies Wells v. Abrahams. 261 LIST OF LEADING CASES. PAGE PAGE Adams, "R. v 58 Deedge, R. V 135 102 Allen, 'R. v 7-5 Dudley and Stephens, R. v ashwell, h. v 144 Duncan, R. v 260 AuDLEY (Loed), K. V 213 Edwaeds, R. V 132 Baenaed, E.
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