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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. 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'^^' 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.