is advisedly different to the language of 24 & 25 Vict. c. 96, s. 121; 24 & 25 Vict. c. 97, s. 77; 24 & 25 Vict. c. 98, s. 54,-" indictable misdemeanor against this act." It is, however, the practice of the Central Criminal Court to allow costs in Offence 56, under the authority of 14 & 15 Vict. c. 55, s. 3, ante, p. 984, as a common assault. As respects a common assault, see Mem. under Offence 57, first column. 17 Vexatious Indictments Act, applicable-Consent of Female in certain Cases.] By 22 & 23 Vict. c. 17, s. 1 (p. 876), an indictment cannot be preferred for "any indecent assault," without a previous inquiry before a justice, or the order of a judge, &c. By the 43 & 44 Vict. c. 45 (The Criminal Law Amendment Act, 1880), s. 2, it is enacted that "It shall be no defence to a charge or indictment for an indecent assault on a OFFENCE. Class of Offence Statute or Authority. ASSAULTS-continued. 62. On Parish and Union Officers.] Assaulting any officer of a workhouse or relieving officer in the due execution of his duty, or any person acting in aid of such officer-[or any person included under the word "officer" in the 4 & 5 Will. 4, c. 76 (for which see Note 370, Vol. I. p. 681), or any other person acting in his aid, 14 & 15 Vict. c. 105, s. 18]. M. 13 & 14 Vict. c. 101, s. 9. 63. Assaulting any special or county constable,- -or promoting M. 1 & 2 Will. 4, c. 41, or encouraging another so to do. 64. Any person liable to be apprehended under the provisions of 14 & 15 Vict. c. 19, assaulting or offering any violence to any person by law authorized to apprehend and detain him,- —or to any person acting in his aid and assistance (Note 18). ATTEMPTS TO MURDER (Note 19). s. 11; and 2 & 3 Vict. c. 93, s. 8. M. 14 & 15 Vict. c. 19, s. 12. s. 11. 65. By Poison.] Whosoever shall administer to or cause to be F. 24 & 25 Vict. c. 100, administered to or to be taken by any person any poison or other destructive thing,- -or shall by any means whatsoever wound or cause any grievous bodily harm to any person, with intent in any of the cases aforesaid to commit murder (Note 19) [see Reg. v. Fretwell, 1 Leigh & Cave, C. C. 161; 6 Law T., N. S. 333]. 66. By Explosions.] Whosoever, by the explosion of gunpowder or other explosive substance, shall destroy or damage any building, with intent to commit murder. 67. By setting Fire to Ships.] Whosoever shall set fire to any ship or vessel or any part thereof, or any part of the tackle, apparel or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, with intent in any of such cases to commit murder. F. Id. s. 12. F. Id. s. 13. young person under the age of thirteen to prove that he or she consented to the act of indecency." On an indictment for an indecent assault, the answer of the prosecutrix to questions put to her on cross-examination as to particular acts of connexion with persons named to her, other than the prisoner is final, and the party questioning is bound thereby, and if her answer be a denial, the persons named cannot be called to contradict her (Reg. v. Holmes, 41 L. J., M. C. 12). 18 Apprehension of Offenders under 14 § 15 Vict. c. 19.] By 14 & 15 Vict. c. 19, s. 10, any person whatsoever may apprehend any person found committing any offence against this act, and convey him, or deliver him to some constable or other peace officer in order to his being conveyed before a justice. Several sections of this act which created other offences are repealed, but have been re-enacted in the 24 & 25 Vict. cc. 96, 97, 100, which contain powers to apprehend offenders generally (see Notes 1,78,90). The Page, &c. Formulist. Where triable, As to Bail. Punishment. 62 Discretionary. The same as provided If Costs of Prosecution allowed. Yes for an assault upon (see s. 9). Imp. and h. 1. not exc. Imprisonment and hard Yes (14 & 15 Vict. c. 55, s. 2). Yes (s. 14). Offence 64 will, therefore, now only apply to persons apprehended in the night [which by 14 & 15 Vict. c. 19, s. 13, is the same as in burglary, i. e. between 9 p.m. and 6. a.m., 7 Will. 4 & 1 Vict. c. 86, s. 4] for any indictable offence, under a power given by sect. 11. noticed ante, p. 913, which remains unrepealed. 19 ATTEMPTS TO MURDER:" Apprehension of certain Offenders without WarrantSearch for Gunpowder, &c.-Attempts to commit Suicide not within Act.] See Note 1, ante, p. 1014, and Note 74, tit. "Gunpowder," post, applicable here. When the complainant is under sixteen, see ante, p. 965, as to directing the prosecution. Sections 11 and 15 (Offences 65 and 69) do not apply to attempts by a person to commit suicide, which is not murder, for the sections apply to attempts on other persons (Reg. v. Burgess, 32 L. J. (N. S.) M. C. 55; 1 Leigh & Cave, C. C. 258). 0.8. VOL. II. 3 X OFFENCE. Class of Offence and Statute or Authority. ATTEMPTS TO MURDER-continued. s. 14. 68. By Shooting, &c.] Whosoever shall attempt to administer F. 24 & 25 Vict. c. 100, to or shall attempt to cause to be administered to or to be taken by any person any poison or other destructive thing, -or shall shoot at any person, or shall by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, or shall attempt to drown, suffocate, or strangle any person,-with intent, in any of the cases aforesaid, to commit murder, whether any bodily injury be effected or not. 69. By other means.] Whosoever shall, by any means other than those specified in any of the preceding sections of this act, attempt to commit murder (Note 19). ATTEMPTS TO COMMIT OTHER CRIMES (Note 20). F. Id. s. 15. s. 22. 70. By Chloroform, &c. to assist in any Offence.] Whosoever shall F. 24 & 25 Vict. c. 100, unlawfully apply or administer to or cause to be taken by, or attempt to apply or administer to or attempt to cause to be administered to or taken by,-any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable| offence. 71. To commit a felony, whether statutable or at common law [see Reg. v. Cheeseman, 31 L. J. (N. S.) M. C. 89; 1 Leigh & Cave, C. C. 140]. 72. To commit a misdemeanor, whether statutable or at common [See further tit. "Gunpowder;" attempt to commit BAILEE, Larceny by. [See Offence 289, tit. "Larceny."] M. Common Law. Id. 20" ATTEMPTS TO COMMIT OTHER CRIMES." Persons may be found guilty of Attempts on Charges of Felony, and vice versâ.] By 14 & 15 Vict. c. 100, s. 9 (unrepealed), if, on the trial of a person charged with any felony or misdemeanor it shall appear to the jury upon the evidence that the defendant did not complete the offence charged, he is not to be acquitted, but the jury may find him guilty of the attempt, and he is liable to be punished as if convicted of the felony or misdemeanor charged:-and by sect. 12 (unrepealed), “if, upon the trial of any person for any misdemeanor it shall appear that the facts given in evidence amount in law to a felony, such person shall not by reason thereof be entitled to be acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony under the same facts, unless the court before which such trial may be had shall think fit, in its discretion, to discharge the jury from giving any verdict upon such trial, and to direct such person to be indicted for felony, in which case such person shall be dealt with in all respects as if he had not been put upon his trial for such misdemeanor.” See Reg. v. M'Pherson, 26 L. J. (N. S.) M. C. 134; 1 Dears. & B. C. C. 197; Reg. v. Bain, 31 L. J. (N. S.) M. C. 88; 5 L. T., N. S. 647; and Reg. v. Wyatt & Hopgood, 39, L. J. (N. S.) M. C. 83; 21 L. T., N. S. 678. In order to convict of an attempt to commit larceny, it must appear that there was property in the place where the attempt is made that could be stolen (Reg. v. Collins, 1 Leigh & Cave C. C. 471; 10 L. T., N. S. 581), and the indictment need not specify the property (Reg. v. Johnson, 34 L. J. (N. S.) M. C. 24; 1 Leigh & Cave C. C. 489). There should have been a count in the indictment in Reg. v. Collins, describing the act as being "with intent to steal." |
