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A selection of leading cases in the criminal law : with notes

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200 pages
: — — — — S ST ONS, 119 & 1:^ ^DON, W.C. The Anni I by ThomasUNIVERSITY sxuw. 'lerk of the Ilnii. Mr. Justice C F. A. STKIXGER, of tlic Ceiiti OF CALIFORNIA /.?. Demi/ Hvo. 1890. I'ricc '2\.i lieview."A book wliicli yLOS ANGELES -Incorporatinf^Pollock's thf Pint 'EIUCK rOLLOl 'K, ]5art., U; "TheLaw of Torts," I cV-c. J),) J Principles ofPollock's SCHOOL OF LAW Obligutic :ond Editiou, to which is added jrovemment of India.LIBRARYBySIR 1 •rister-at-Law. JJemy 8fo. ISl 1 Treatise onPollock's the (;.n? 1 theLaw of Enj^land. Juft/i JM K POLLOCK, Bart., M'.A., LI 8s. doth. Edmunds ice of Letters fc 1 andthe InternationalPatent kts, and an Outline ofConventi Colou •S, assistedbyA.WOODForeign and C I. C Comltit.EENTON, Esqrs. 890. Price \L\-2s. cloth. " AVe have nothing but cc and comprehensive spirit, lawit is well and thoroughly oa is accurate and clear. .... The book is one to b 390. r Registration,Sebastian's La-^ and matters coimected therewith, including a Chapter on Goodwill. Together with the Patents, Designs, and Trade Marks Acts, 1883-8, and the Trade Marks Rules and Instructions thereunder, Foi-ms and Precedents; the Merchandise Marks Act, 1887, and other Statutory eiiactiiieiits ; and the Ignited States Statutes, 1870 to 18S1, and the Rules and Forms tlienuiider, and llie Treaty with the United States, 1877. Third Hdition. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Lincoln's Inn, Esq., Ban-ister-at-Law. J)etn;i 8io. 1890. Price II. S-f. clo/h.
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: — — — —
S
ST ONS,
119 & 1:^ ^DON, W.C.
The Anni I by ThomasUNIVERSITY
sxuw. 'lerk of the Ilnii. Mr.
Justice C F. A. STKIXGER, of
tlic Ceiiti OF CALIFORNIA /.?. Demi/ Hvo. 1890.
I'ricc '2\.i
lieview."A book wliicli yLOS ANGELES
-Incorporatinf^Pollock's
thf Pint 'EIUCK rOLLOl 'K,
]5art., U; "TheLaw of Torts,"
I
cV-c. J),)
J Principles ofPollock's
SCHOOL OF LAW
Obligutic :ond Editiou, to which
is added jrovemment of India.LIBRARYBySIR 1 •rister-at-Law. JJemy
8fo. ISl
1 Treatise onPollock's
the (;.n? 1 theLaw of Enj^land.
Juft/i JM K POLLOCK, Bart.,
M'.A., LI 8s. doth.
Edmunds ice of Letters
fc 1 andthe InternationalPatent
kts, and an Outline ofConventi
Colou •S, assistedbyA.WOODForeign and C I. C Comltit.EENTON, Esqrs. 890. Price \L\-2s. cloth.
" AVe have nothing but cc and comprehensive spirit,
lawit is well and thoroughly oa is accurate and clear.
.... The book is one to b 390.
r Registration,Sebastian's La-^
and matters coimected therewith, including a Chapter on Goodwill. Together with the
Patents, Designs, and Trade Marks Acts, 1883-8, and the Trade Marks Rules and
Instructions thereunder, Foi-ms and Precedents; the Merchandise Marks Act, 1887,
and other Statutory eiiactiiieiits ; and the Ignited States Statutes, 1870 to 18S1, and the
Rules and Forms tlienuiider, and llie Treaty with the United States, 1877. Third
Hdition. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Lincoln's Inn, Esq.,
Ban-ister-at-Law. J)etn;i 8io. 1890. Price II. S-f. clo/h.
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A SELECTION OF
LEADING CASES IN THE
CRIMINAL LAW. i
WM mta
WALTER S. SHIRLEY, B.C.L., M.A.
I"
BAKRISTEE-AT-LAW, OF THE INNER TEMPLE AND NORTH-EASTERN CIRCUIT ADTIIOR OF
;
" OF LEADING CASES IN THE COMMON LAW," " A SKETCH OF THE CRIMINAL LAW,A SELECTION
" AN ELEMENTARY TREATISE ON MAGISTERIAL LAW," ETC., AND EDITOR OF
"WIGRAM's justice's NOTE-BOOK."
LONDON
SONS, 119, CIIANCEET LANE,STEVENS AND
1888Av
i-.^*M^
X
'' ./s_.
v^^.
.7>
L/^^kUk
LONDON :
PRtNTED BY C. F. EOWOETII, GREAT NEW STREET, FETTER LANE, E.C.
TPREFACE.
This is, I believe, the first collection of Leading Cases in
the Criminal Law which has ever been published ; but it
is difficult to see why such a collection should not be as
useful in that as in any other branch of the law. At all
events, I do not doubt that the book will be found useful
possibly,— even entertaining—to students and young prac-
titioners, and it is to their attention principally that I
commend it.
I have to thank my learned friend, Mr. H. Warburton,
of the South Eastern Circuit, for the kind assistance in
the way of suggestion which he has given meand advice
during forthe whole time of the preparation of the work
the press. The value of such a collection as this must
"largely depend tlie right cases for leader-on the selection of
ship," and" it is here that Mr. Warburton's extensive and
practical acquaintance with the Criminal Law has been of
most service.
My thanks are also due to my learned friends, Mr. C. M.
help.Atkinson and Mr. II. T. Waddy, for occasional
W. S. S.
Essex Couet, Temple.4,
March, 1888.
rt2
7559'r?LIST OF LEADING CASES.
PAGE
Allen, R. v. (bigamy—invalidity of second marriage) 17
AsHWELL, shilling) G7R. V. (sovereign mistaken for
AuDLEY, R. LoED (trial of peers of the realm) 119V.
Beatty v. Gillbanks (imlawful assemblies) ...... 4
yf.sic©) . . . 110Bedingfield, R. 1'. (exclamations as part of ?w
communicating disease) . . 57Bennett, R. v. (indecent assault by
Bishop, 24R. v. (lunatics)
Beadlaitgh and Besant, R. v. (setting out material passages in.......... 123indictment)
Beown and (character of witnesses) . . . . 113Hedley, R. v.
Beown, R. v. (concealment of birth) ...... 30 R. v. Samuel (attempt to murder) 48
Beyan, indictable) 86R. v. (puffing not
BucKMASTEE, R. V. (larceny by trick) 63
BuEGESS, R. V. (compounding crimes) 14
Caetee, stolen") 77R. v. ("other property
Casteo, R. v. (the counts of an indictment) 125
Child, R. v. (arson) ..... 96
overseer) 81CoLEY, R. V. (embezzlement by assistant
Collins, R. v. (attempt steal) 74to
Coney, R. v. (presence at prize fight) 7
82CooPEE, R. V. (existing fact in false pretences)
Ceunden, R. indecency) . 33v. (public
99Ceuse, R. v. (drunkenness as an excuse for crime)
115CuMPTON, R. V. (arrest)
CuEQENVEN, years' rule) 15R. V. (bigamy—sevenOFLIST LEADING CASES.
PAOE
Ue Banks, H. r. (pcrsou employed to sell appropriating riionoy
reeeivcd) .......... 71
Deedoe, R. v. {corpKs (hlicti) . 60
Dudley and Stephens, R. (homicidev. —necessity).... 37
Duncan, R. v. (ucw trial) 131
Edwaeds, R. v. (value of property stolen) 58
EL-\voETinr, R. v. (notice to produce) 111
Falkingham, R. v. (abandoning baby) . 29
Fennell, R. v. (confessions under inducements) 106
FisnEE, R. V. (homicide provocation) 43—
WillijVM (damage to property) .Fisher, R. v. 97
Flattery, R. v. (rape—consent and submission) 54
Francis, R. v. (previous false pretences) . 92
Gallaghee, R. v. (treason felony) . . . . . 1
Gibson, R. v. (effect of misreception of evidence) 113
09Glyde, R. v. (larceny by finding)
(defect in indictment ciu'cd by verdict). 122GoLDSJiiTiT, R. V.
Hadfield, R. v. (obstructing trains) 25
Hands, R. v. (stealing from automatons) G2
(administering "noxious tilings") 53Hennah, R. v.
Hermann, R. v. (uttering counterfeit coin) 17
HoPLET, R. V. (homicide by correction) . 42
jurisdiction) 9Hughes, R. v. (perjury—competent
R. (burglary) .... 95 v.
(dying declarations) . 108Jenkins, R. v.
Jennison, R. v. (promissory false pretences) 84
under foui'tccn)Johnson, R. v. (stealing children 28
jurisdiction)Keyn, 'R. v. (Admiralty 116
(hiring a horse by false pretences) 91KiLnAM, R. V.
(wounding) 51Latimee, R. v.
of punishment) .Letman v. Latuiee (effect of endurance 128
(wives prosecuting husbands)LoED I\LvY0E OF London, R. v. 129