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The Elements of Criminal Law and Procedure, with a Chapter On UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/criminallawandprOOwilsiala THE ELEMENTS OF CEIMINAL LAW AND PEOCEDUEE WITH A CHAPTER ON SUMMAEY CONVICTIONS ADAPTED FOR THE USE OF STUDENTS BY A. M. WILSHERE, MA., LL.B. OP gray's inn and the western circuit, barrister-at-law ; FORKBRLY EXHIBITIONER IN ROMAN LAW AND JURISPRUDENCE OF THE UNIVERSITY OF LONDON, HOLDER OF FIRST CERTIFICATE OF HONOUR OP THE COUNCIL OP LEGAL EDUCATION ; SPECIAL LECTURER IN LAW TO THE UNIVERSITY OF BRISTOL. SECOND EDITION. LONDON SWEET AND MAXWELL, LIMITED 3, CHANCERY LANE 1911 T A COMPANION BOOK BY THE SAME AUTHOR— LEADING CASES IN THE CRIMINAL LAW FOR THE USE OP STUDENTS -8 NI I PKEFACE This book, though nominally a Second Edition, has been entirely re-written, and considerably enlarged. It still, how- ever, remains only an analysis of the Elements of Criminal Law and Procedure, and must be supplemented by reference to " Archbold's Criminal Practice," and to the cases cited. It is still necessary to emphasize to students that these cases, which are but a small fraction of the very large number of reported cases, are cited that they may be read, and not merely for the purpose of enabling an examination paper to be ornamented with their names. In order to render the book of more utility for the examina- tions of the Law Society the chapter on Courts of Summary Jurisdiction has been amplified. As I pointed out in the First Edition, it is not easy to attain accuracy in an analysis of this description. I cannot hope, therefore, to have avoided errors, and I shall very grate- fully accept any corrections and suggestions. I have received much assistance from Mr. E. Cockle's " Leading Cases on Evidence " (cited as C.L.C). A. M. W. 1, Elm Court, Temple October, 1911 CONTENTS PAOB Preface iii Table of Cases vii CHAPTER I The Nature and Divisions of Crime. The Parties to a Crime 1 CHAPTER II Offences against Property and Possession 21 CHAPTER III Offences against the Person 66 CHAPTER IV Offences against the Crown and Government . , 93 CHAPTER V Offences against Religion, Pdblic Justice, and the Public Peace 103 CHAPTER VI Offences against Trade; Offences against Public Morals and Police 127 CHAPTER VII Criminal Courts 151 vi Contents CHAPTER VIII PACK Frookkdings Fbbliminary to Indictment 160 CHAPTER IX Pbocbbdinos by Indictment 167 CHAPTER X Appeal 190 CHAPTER XI PONISBMENTS AND ORDBBS CONSEQUENT UPON CONVICTION . 197 CHAPTER XII Evidence 208 CHAPTER XIII CouBTs OF Summary Jurisdiction 240 Appendix A.—Dibectob of Public Pbosecutions . 253 Appendix B.—Extradition 254 Indbx 259 TABLE OF OASES PAOK PAGE Abeath v. N. E, Ry. 211 Brook V. Brook 133 Alabaster v. Harness . 113 Brown, Inre 245 Anderson v. Weston . 210, 238 Brown v. Chapman .... 90 Appleby v. Franklin . 5 Brown v. Att.-Gen. for New Arton, In re . 254 Zealand 13 Att.-Gen. v. Bradlaugh 1, 4,154 Brown v. Patch 141 Att.-Gen. v. Hitchcock 231 Brunswick, Duke of v. Harmer 117 Att.-Gen. of Hong Kongt;, Kwok Budd V. Lucas 130 a Sing .... 35 Burrough v. Martin .... 230 Att.-Gen. v. Scott 134 Att.-Gen. v. Terry 135 Campbell v. Spottiswoode . 123 Austin V. Dowling 90 Campbell, In re 113 Aveson v. Lord Kinnaird 220 Canadian Pacific Ry. v. Parke , 134 Aylesford Peerage Claim 214 Capital and Counties Bank v. Henty . 118, 119, 122, 214 Ball, Ex parte 5 Castioni, Inre 254 Banbury Peerage 210 Castrique v. Imrie .... 215 Bank of N. S. W. v. Piper . 7 Cattel V. Ireson 3 Barclay v. Pearson .... 142 Chambers v. Bemasconi . 221 Barnes v. Ward 136 Cheafor's Case 24 Barronet, Ex parte .... 10 Child V. Afleck 121 v. Bartlett v. Smith .... 215 Chisholm Doulton . 6, 12, 14 Beatty v. Gillbanks .... 114 Cobbet V. Grey 85 Bellencontre, Inre . 31 Codd V. Cabe 162 Benjamin v. Storr .... 134 Colls V. Home and Colonial Berryman v. Wise .... 210 Stores 137 Bethell v. Hildyard .... 133 Cooper V. Slade 239 Betts V. Armstead .... 131 Coppen V. Moore . .14, 129, 130 Bird V. Jones 90 Coward v. Wellington . 122 Blades v. Higgs .... 24, 87 Cundy v. Lecocq 11 Blyth V. Birmingham Water Cundy v. Lindsay ... 30, 206 works 74 Curran v. Treleaven .... 131 Brandao v. Barnett .... 211 Bradlaugh v. Newdigate . 113 Davis v. Shepstone 123 Brinkley v. Att.-Gen. 133 Davis V. Snead 121 Bristow V. Sequeville . 218 Derby Corporation Derby British S. A. Coy. v. Companhia County Council 2 de Mocambique .... 170 De Sager v. Att.-Gen. of Natal 94 Bromage v. Prosser ... 13, 120 De Wilton, Inre 133 9 VUl Table of Cases PAGE FADE Di Sora v. Phillips 211 lONiOES V. Universal, etc., Asso- Dixon V. Farrer . 154 ciation 12 Doe V. Boss . 235 Doe V. Suckennore 237 Jaes v. Boston 121 Dowling V. Dowling 213 Jenks V. Turpin 140 Dowces V. Johnson in Jones V. German 207 Dadley, etc., Banking Coy. v. Jones V. Hulton .... 117, 118 Spittle Joynt V, Cycle, etc.. Coy. 123 Keib v. Leeman 113 EoELSTEiN V. Scholer 211 ... Kirschenheim v. Salmon and Emery, Ex parte 178 Gluckstein 130 Emmens v. Pottle .... 124 Ewer V. Ambrose 233 Lanobibh v. Archer .... 141 Le Fanu v. Malcolmson . 116, 117 Perens v. O'Brien .... 23 Lennox v. Stoddart .... 141 Field V. Receiver of Metropolitan Lewes' Trust, Inre . 210 Police 114 Lewis, Ex parte 252 Pilliter v. Phippard .... 6 London, Brighton, etc., By. v. Fisher v. Apollinaris (3oy. .113 Truman 134 Fleet V. Murton 215 Loughborough Highway Board Fleming v. Hislop .... 137 V. Curzon 135 Flower v. Shaw 63 Lyell V. Kennedy 224 Fryer v. Qathercole .... 218 McNaghten'b Case . 8, McQuire v. Western Morning Gibbon v. Lawson 131 .... News 119 Grainger v. Hill 90 Makin v. Att.-Qen. for N. S. W. 216 Greenough v. Eccles 233 .... Marks v. Beyfus 217 Gregory v. Tavemer .... 230 Marsh v. Keating .... 5 Grinham v. Willey .... 90 Martin v. White . 236 Maugham v. Hubbard . 230 v. v. Young 63 Hall Cox .... 142 Mead Winchester Hall V. Feamley . 86 Meath v. ... 238 Hannan v. Mockett . 24 Mellor V. Denham ... 3, 261 Hargreavo v. Spink . 205,211 Merivale v. Carson .... 122 Harris v. Tippett . 233 Merry v. Green 26 Harrison v. Southwark, etc.. Metropolitan Asylums v. Hill 134, 136 Waterworks 136 Metropolitan By. v. Jackson . 12 Hawke v. Hulton, Ltd. 15 Meunier, Inre 254 Hetherington v. Kemp . 213 Midland Insurance Coy. v. Higham v. Bidgway . 221 Smith 5, 156 Holcombe v. Hewson 215 Mogul S.S. Coy, V. MacGregor, Hollingham v. Head 215 Gow & Co Ill Home V. Bentinck 217 Monks V. Dykes 53 Horwood V. Smith 206 Monson v. Tussauds, Ltd. 115 Hounsell v. Smith 134 Moriarty v. L. 0. & D, By. 213 Hmit V. G. N. By. 122 Morris V. Miller 132 Hmit V. Star Newspaper Co 123 Mortimer v. M'Callan ... 235 Hmitiugton v. Attrill 1 Moss V. Hancock 206 Table of Cases IX PAGE paob Mostyn v. Pabrigas .... 211 R. V. Batty 40 Mulcahy v.B,. 95, 109, 110, 180 — V. Beaman 4;1 — V. Beard 64 Nash, Ex parte 251 — V. Bedingfield 219 Nepean v. Doe 210 — V. Bellis 84 Neville v. Fine Arts Co. 118 — V. Bennett 54 — V. Burton 209 O'CoNNELii v.B. 152, 174: — V, Berens 185 Ogden V. Ogden 138 — V. Best 223 Orr Ewing v. Colquhoun . 135 — V. Bingley 25 — V. Birdseye 214 Parkin v. Moon 230 — V. Birmingham and Glouces- Peaceable v. Watson .... 221 ter Rly 153 Pearks and Co. v. Ward . 14, 15 — V. Birmingham, etc., Rly. 15 Pharmaceutical Society v. Lon- — V. Bishop 11 don, etc.. Supply Assocn. 15 — V. Black 225 Phone's Trusts, In re . 210 — V. Blackson 174 Phillips V. Eyre 70 — V. Blake 110, 213 Powell V. Kempton Park Race- — V. Bleasdale .... 18, 214 course Co 140 — V. Blenkinsop 63 Price V. Torrington (Earl) . 221 — V. Boaler 115 Prince v. Samo 233 — V. Boden 26 — V. Bond 216, 216 QoEBN Caroline's Case . 280, 233 — V. Booth 84 Quinn v. Leathern ... 6, 111 — V. Bourne 78 — V. Bowden 56 Read v. Coker 85 — V. Bowen (Intent) ... 88 Reed v. Nutt 249 — V. Bowen (Bail) .... 166 41 Rees V. De Bernardy . 113 — V. Bowers R. V. Adams 116, 117 — V. Boyce 88 — V. Adamson 252 — V. Boyes 231 — V, Aden 32 — V. Bradford, etc., Coy. 134 — V. Aickles 235 — V. Bradshaw 74 — V. Alison 80 — V. Brailsford 110 — V, Anderson . 171 — V. Brawn 132, 133 — V. Ardley 48 — V. Brickhall 244 — V. Ashwell 30 — V. Bridgwater 232 — V. Aspinall 46 — V. Brisao 110 — V. Atkinson 114 — V, Bromhead 39 — V. Audley 212 — V. Brooks 24 — V. Austin 174 — V. Brown (Concealment of — V. Bailey 40 birth) 143, 234 — V. Baker 107 — V. Brown (Failure to assist — V. Baldry 222 constable) 164 — V. Bancroft 47 — V. Brown (Indictment) . 244 (False pretence) . — V. Bannen . ... 18 — V. Bryan 48 — V. Barnard 46 — V. Bryan (Continuing pre- — V. Barraclough .... 138 tence) 49 — V. Barratt 81 — V. Buckmaster 31 — V. Bateman 63 — V. BuU 68, 70 Table of Cases PAOK VAOX B. V. Bonkall 32 R. t>. Cruse 10,13 — V. Burdett 169, 209 — V. Cullum 42 — V. Burgess 112 — V. Curgerwen 183 67 — V. Burgon 50 — V. Curley — V. Burnett 137 — V. Curran 73 49 — V. Bums 186 — V. Dale — V. Butcher 18 — V. Dammsuree 96 — «. Button 49 — V. Dant 76 140 — t>. Byers 134 — V. Davies (Betting) ... 162 — V. Cabbage 27 — V. Davies (Certiorari) . • 54 — V. Campbell 118 — V. Davis (Burglary) ... • . 8, 10 — t>. Cannifi 70 — V. Davis (Insanity) .
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