m 
 
 CORNELL LAW LIBRARY 
 
 lUitii'. 
 
OJorn^U IGam i>rl|onl Slibratg 
 
Cornell University Library 
 KF9619.B31 
 
 Criminal pieading and practice :witli pre 
 
 3 1924 020 194 035 
 
a Cornell University 
 J Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924020194035 
 
CRIMINAL 
 
 PLEABING AND PRACTICE, 
 
 PRECEDENTS OF INDICTMEOTS, 
 
 AND SPECIAL PLEAS, 
 
 APPENDIX OF SPECIAL PLEADINGS AND PBACIICAL SVGGESIIONSb 
 
 Bt JAMES BASSETT, 
 
 C0T7NSEL0B AT LAW. 
 
 CHICAGO: 
 
 B. B. MYERS AND COMPANY, 
 
 LAW BOOKSEIiLKKS AND PTTBLI SHEES. 
 18Y0. ' 
 
' P ^7 r y 
 
 Entered, according to the Act of Congress, in the year 1869, by 
 
 E. B. MYERS, 
 
 the Clerk's Office of the District Court of the United States for the Northern Distri 
 
 of Illinois. 
 
DEDICATION. 
 
 TO THE 
 
 Hon. SIX>NB:Y BEE1B3SB3, 
 
 CHIEF-JUSTICE OF THE 
 SUPREME COURT OP THE STATE OF HJJNOIS. 
 
 AS AN EXPRESSION 
 
 OP THE 
 
 GREAT RESPECT THE AUTHOR BEARS TO THE 
 
 BUIIIXKT eEKIUS, TALEUT ADD LEARNING OF THE GREAT JURIST, KOW CHIEr-JIISTIGI 
 
 Oy THB 
 
 SUPREME COURT OF THE STATE OF ILLINOIS, 
 
 TTHOSE GBNIUS AKD LEARNIXQ HATB ILLUSTRATED 
 
 Ann 
 ILLUMINATED THE JURISPRUDENCE OF lUINOIS 
 
 FOB HEAKLY HALF A OBNTUJtT, 
 THIS UrlLE WORE IS HOST RBPBCTFULLT INSCRIBED 
 
 BY THE AUTHOR. 
 
PREFACE. 
 
 This is an American work meeting an American' want- 
 Thongh in part drawn from foreign sources, its idea is, presenta- 
 tion to the profession of a brief but reliable book on criminal 
 pleading and practice, wbich will obviate the necessity of 
 adapting English precedents to- American criminal law on the 
 one hand', and on the other hand prevent the labor of adapting 
 precedents of other States, only partially American, to our 
 criminal law. The utility and necessity of such a work is 
 clear to practitioners ; and, though there are a great number of 
 valuable works' on criminal law in the hands of the profession, 
 yet there is no work of thisikind before it, as far as the author 
 can learn. 
 
 Paet I is a condensed, yet sufBciently full, view of what is 
 requisite in Criminal Pleading and Practice in the Circuit 
 Courts, for preparing indictments, informations and special 
 pleas, and of conducting a criminal proceeding through all its 
 stages. 
 
 Paet II contains one or more precedents for every indict- 
 able offense, known to American criminal law, taking the 
 Criminal Code of Illinois aS' a basis. These precedents are 
 given in the order of the Codel Each head of crime or mis- 
 demeanor is preceded with full references to decisions thereon 
 in the Illinois Eeports to volume forty-two inclusive, to the 
 United States' Eeports, and those of the States, also English 
 Eeports ; again, all legislation on criminal law up to 1869 is 
 included, thus giving the whole law on each head to the day 
 of publication. 
 
 Paut III embraces precedents of all kind of special pleas, 
 with practical suggestions thereon. 
 
 An appendix of valuable but not easily accessible special 
 indictments and pleas is given ; and a carefully prepared table 
 
This work contains nothing purely theoretical, — it presents 
 the decisions under each head, the limitation by statute, and 
 the penalty ; while it is concise, it is full ; and, though based on 
 the Illinois Code, as m the work of Train and Heard on the 
 Massachusetts Code, yet it is adapted to every State of the 
 Union.* 
 
 The author would suggest, that, if for any particular offense 
 the pleader is not able to find a precedent, by referring to the 
 statute creating the offense,, and carefully considering its opera- 
 tive words, he can readily adapt one of the precedents given 
 to the case required ; and this difficulty is as far as possible 
 obviated by noticing all criminal legislation to the day of going 
 to the press. 
 
 All obsolete allegations and phrases are, as far as possible, 
 excluded ; some few, and but very few, however, are occasion- 
 ally used. These allegations and phrases are from habit 
 continued in the books, though it has been long settled that 
 they are not necessary, — they are incumbrances, and should 
 be omitted. Good pleaders will exclude them. 
 
 Every available work on criminal law, both English and 
 American, has been consulted, and freely used and acknowl- 
 edged, — if not acknowledged it is by inadvertence. 
 
 The author now leaves the work to the profession, who he 
 knows will treat it as it deserves, but yet will, he hopes, receive 
 it kindly as an attempt to lighten their toil. 
 
 EicHviEW, Illinois, Dec, 1869. 
 
BASSETT'S CRIMINAL PLEADING AND PRACTICE. 
 
 TABLE OF CONTESTS. 
 
 PAGE. 
 
 Title page, i 
 
 Dedication iii 
 
 Contents, table of, vii 
 
 Cases cited, table of, 
 
 Part I. Introductory, 1 
 
 Chap. I. Of the indictment,... 1 
 
 do II. Of the defendant's pleas, 3 
 
 do ni. Of prosecuting officers and inferior courts, 3 
 
 do IV. Of criminal jurisdiction, 4 
 
 do v. Of a criminal trial, and its incidents, 5 
 
 do VI. Where the Criminal Code may be found, 39 
 
 Abbreviations used 40 
 
 Patit II. Precedents of indictments, 41 
 
 do III. Defendant's special pleas, 305 
 
 do IV. Appendix, 311 
 
 TABLE OF CONTENTS AT LARGE. 
 
 PART I. INTRODUCTION. 
 Chapter I. Op the Indictment. 
 
 PAGE. 
 
 Section 1. What It is , 1 
 
 do 2. Where an Indictment lies 2 
 
 do 3. Where an Indictment does not He 3 
 
 do 4. Against whom an Indictment lies 4 
 
 do 5. Itsform, 7 
 
 (a) The commencement t 
 
 (6) The statement, , 9 
 
 (c) The conclusion, 16 
 
viii Table of Contents. 
 
 PAGE. 
 
 Section 6. Joinder of defendants, 16 
 
 do 7. Joinder of offenses, 17 
 
 do 8. Within what time an indictment must be brouglit, 17 
 
 do 9. How an indictment is found, 18 
 
 do 10. When an indictment will he quashed, 21 
 
 do 11. Whenand where sin indictment will be tried, 22 
 
 Chapter II. Op the Defendant's Pleas 23 
 
 Chapter III. Op Prosecuting Officers and Inferior Courts, 24 
 
 Chapter IV. Of Criminal Jurisdiction 25 
 
 Chapter V. Op a Criminal Trial and its Incidents. 
 
 Section 1. Preliminary matters, , 28 
 
 do 2. Arraignment, 28 
 
 do 3. Challenging the jury, 33 
 
 do 4. Mode of trial,.... ^ ,.., 34 
 
 do 6. Ofthejury, _. 36 
 
 do 6. Arrest of judgment, and new trial, 37 
 
 do 7. Judgment, 38 
 
 Chapter VI. 
 
 Where the Criminal Code may be found, 39 
 
 Abbreviations used 40 
 
 PART II. PRECEDENTS OF INDICTMENTS. 
 Outline of an indictment, showing the formal parts, 41 
 
 Section 1. Accessories to crimes. 
 
 1. Indictment against an accessory before the fact in murder, 43 
 
 2. Indictment against an accessory after the fact with the principal, 
 
 3. Indictment against an accessory after the fact, the principal being con- 
 
 victed, 44 
 
 Section 2. Crimes against the government and people. 
 
 1. Indictment for treason in levying war 44 
 
 2. do do by adhering to the enemies of the State, 45 
 
 3. do misprision of treason, , 46 
 
 Section 3. Crimes against persons. 
 (o) Murder. 
 
 1. Indictment for murder by poisoning, 4g 
 
 2. do do by striking with an axe 49 
 
 3. do do by starving,...* BO 
 
 4. do do by drowning, 51 
 
 B. do do by stabbing with a Itnife, Bl 
 
 6. do do byshooting B2 
 
 1. Count for murder in some way and manner, etc.,.un]inown B2 
 
Table of GoifTHNTS. 
 
 IX 
 
 (i) Manslaughter. PAGE 
 1. Indictment for manslaugter by stabbing, 61 
 
 (c) Concealment by mother of death <if her tastard child. 
 
 1. Indictment of mother for concealment of death of her bastard child, ....... B5 
 
 2. do do for murder by strangling do do ...r... 55 
 
 ^ T ,, . W Dueting. 
 
 1. Indictment for flghting a duel 56 
 
 *• do challenging another to flght a duel, , '57 
 
 3. do accepting a challenge do do 58 
 
 4. do carrying do . do do 58 
 
 («) Administenoff poitoitwith intent to cause death. 
 1. Indictment for administering poiSon with Intent to cause death, 59 
 
 (/) Abortion. 
 
 1. Indictment for administering poison, etc., to cause miscarriage, 60 
 
 2. do attempt to procure an abortion by use of an Instrument, ... 60 
 
 3. do murder in attempting to produce a miscarriage, 61 
 
 (g) Mayhem. 
 1. Indictment for maiming, 62 
 
 (h) Sape. 
 
 1, Indictment for rape 63 
 
 2. do do on a woman child under ten years a f age, 63 
 
 (i) CHme against nature. 
 
 1. Indictment for sodomy, 63 
 
 2. Indictment for bestiality, 64 
 
 3. Another precedent for same, 64 
 
 Q) Assaults, 
 (a) Assaults with intent to felonies. 
 
 1. Indictment for an assault with Intent to murder 65 
 
 2. Same, with intent to rape, 66 
 
 3. Same, with intent to rape a woman child under ten years of age, 66 
 
 4. Same, with Intent to mayhem, 66 
 
 5. Same, with intent to robbery 66 
 
 6. Same, with intent to larceny, , 66 
 
 (6) Aggravated assaults. 
 
 1. Indictment for an assault with a deadly weapon, with Intent to Commit 
 
 bodily Injury, 67 
 
 2. Indictment for an assault with a slung shot, with Intent to commit bodily 
 
 Injury, , 07 
 
 (h) False imprisonment. 
 1. Indictment for false Imprisonment,., 68 
 
 . (0 Kidnaping. 
 
 1. Indictment for kidnaping, 68- 
 
 2. Same, without establishing a claim, etc. 68: 
 
 (m) Threats, strHseSyetc, to prevent wmk at lawful business. 
 1. Indictment for threats to prevent a person to work at any larwful business, 69' 
 
 (») Comiinatians to deprive owners (if lawful use of property, and threatening employees, etc.. 
 1. Indictment for combination to deprive an owner of property of its lawful 
 
 use ;'. 69' 
 
 2.' Same for combination to prevent employees from laboring, etc., 70' 
 
 (o) Unlau^ul, entry of coal tanks. 
 
 1. Indictment for entering another's coal bank without permission, 7* 
 
 3. Indictment forentering sante, With intent to injury, etc., 71 
 
 S. Same, for causing an employee of a coal bank toleave Same by threats, etc., 71 
 
 B 
 
X Table of Contents.' 
 
 Section 4.3 Cbiues against Habitations. 
 
 (o) Arson. page. 
 
 1. Indictment for arson at cbmmon law, 72 
 
 2. do burning a dwelling-house, 72 
 
 3. Another form for same 72 
 
 4. Indictment for burning a kitchen 72 
 
 5. do do church, 73 
 
 6. do do court-house, 73 
 
 1. do do boat, 73 
 
 8. do do bridge, 73 
 
 (i) Attempt) at anon. 
 
 1. Indictment for setting flre to a dwelling-house with intent, etc. , 71 
 
 (c) Arson with intent to defraud an insurance company, and other purposes. 
 
 1. Indictment for burning an insured dwelling-house, 75 
 
 2. dB murder by arson, 75 
 
 (d) Burglary. 
 
 1. Indictment for burglary and assault with intent to murder, 76 
 
 2. Same, with intent to rob 77 
 
 3. Same, with intent to rape, 77 
 
 4. Same, with intent to maim 77 
 
 6. Same, with intent to larceny, 77 
 
 6. Indictment for burglary and murder 78 
 
 7. Indictment for burglary without breaking in, and for assault with intent 
 
 to murder, 78 
 
 (e) Burglary of schocUumse and railroad car. 
 
 1. Indictment for burglary of a school-house with intent to rob, 79 
 
 2. do do in a railroad freight car, 79 
 
 Section B. Ckimes against peopekty. 
 
 (a) Sobbery. 
 
 1. Indictment for robbery at common law, 80 
 
 2. do do with violence 80 
 
 3. Same, for robbery, not being armed, 80 
 
 (S) Larceny. a 
 
 1. Indictment for simple larceny at common law, 81 
 
 2. do larceny from the person, 82 
 
 3. Same, for larceny in a dwelling-house in the day-time, 82 
 
 4. Same, for stealing a deed of real estate, 82 
 
 E. Same, for larceny of a promissory note, .- 83 
 
 6. Same, for stealing a mare, 83 
 
 (c) Seceivlng stolen goods. 
 
 1. Indictment for receiving stolen goods, 84 
 
 2. Same, for receiving stolen goods obtained by robbery, 81 
 
 8. Same, for receiving goods obtained by burglary, 84 
 
 (d) Altering marks and brands qf animals. 
 
 1. Indictment for branding a mare, with intent to steal same, 85 
 
 2. Same, for altering a brand, with intent to steal, 85 
 
 («) Embezzlement by public officers. 
 
 1. Indictment for embezzlement by county treasurer, 85 
 
 2. do do president and cashier of a bank 86 
 
 (/) SefalcaHon of pMit officers. 
 
 1. Indictment of county collector for failing to pay over, 87 
 
 (g) Fraudulent and malicious destruction qf deeds, etc. 
 
 l.'Indictment for burning a bond, gg 
 
. Table of Contents. xi 
 
 (A) Altering or removing landmarks. page. 
 1. ludictraoul for rcmovlu;; landmark 88 
 
 (i) Injuring trees on State land. 
 
 1. ludlctmeiit for wlliriil trespass on State land, 89 
 
 0") ViVtfiil Irifpaeses on land of coriioratum, or of any person. 
 
 1. ludlctnienl for wllll'iil trespass ou land of another, 89 
 
 (k) }\Wful trespass on fruit orchards, etc. 
 1. Indictment for wlUI'iU trespass In picking fruit, etc., in orchard, 90 
 
 (0 yfillful trespass on ornamental trees, etc. 
 
 1. Indictment for willful trespass ou a shade and ornamental tree, 91 
 
 2. Same for same on tree growing on a street in a city, 91 
 
 (m) 'n'illful trespass on fruit trees. 
 1. Indictment for willful trespass on fruit trees, 92 
 
 (n) Embezzlement by clerk, etc., deemed larceny. 
 
 1. Indictment against embezzling clerk for larceny, 92 
 
 (o) Erauds and emiezzlements by railroad employees. 
 
 1. Indictment for fraudulent neglect to cancel railroad ticket with intent to 
 
 defraud, etc., 93 
 
 2. Same for embezzling railroad ticket, 94 
 
 (p) Larceny by bailee. 
 1. Indictment against bailee for larceny, -. 94 
 
 (g) Larceny by lodger. 
 1. Indictment for larceny by lodger, 95 
 
 (r) Fraudulent sale, etc., of mortgaged property, 
 1. Indictment against mortgagor of personal property for sale, without con- 
 sent, etc., 96 
 
 (s) TVillful trespasses on railroads. 
 
 1. Indictment for obstructing railroad track, with intent to injure, etc., 96 
 
 2. Indictment for same offense by displacing, etc., where bodily or other injury 
 
 resulted, :*. 97 
 
 3. Indictment for murder by obstructing, etc., where death ensues, 98 
 
 Section 6. Foeoery and Countekfeiting. 
 (a) Forgery and counterfeiting in general. 
 
 1. Indictment for forging and uttering, 100 
 
 2. Indictment for forgery at common law of a will, 101 
 
 3. do do and uttering a bank note, 101 
 
 4. do do abiUofexcliange, 102 
 
 5. do do a promissory note, 102 
 
 6. do uttering and publishing as true a forged promissory note,... 103 
 
 7. do uttering a forged county order, 103 
 
 (J) Counterfeiting or passing counterfeit gold or silver coin, with intent to dtfravA. 
 
 1. Indictment for counterfeiting current coin, 103 
 
 2. Another form for same, 104 
 
 3. Indictment for passing counterfeit coin, 
 
 (c) Having counterfeit coin in possession, with intent to pass sam^. 
 1. Indictment for having counterfeit coin in possession, with intent to pass 
 
 same, 104 
 
 2i Indictment for causing to pass counterfeit coin, 105 
 
 (d) Having forged notes, etc., in possession, with intent, etc. 
 
 1. Indictment for having counterfeit bank bill in possession, with intent, etc., 105 
 
 2. Indictment for having in possession unfinished bank bills, with intent to 
 
 complete same, 105 
 
xii Table of Contents. 
 
 («) Making fictiiiom bank bills, etc. page. 
 
 1. Indictment for making fictitious bank bills, ■ IM 
 
 %. Same, for having fictitious bills In possession, with Intent to utter, etc 106 
 
 (/) MaMng and havirig apparatus for amnter/eiting. 
 
 1. Indictment for making a counterfeiting tool 107 
 
 2. do do tool to be used In counterfeiting coin, 107 
 
 3. do for having tools for counterfeiting coin, with Intent to use same, 107 
 
 4. Another form for same 108 
 
 5. Indictment for having a tool for counterfeiting bank notes, with Intent to 
 
 use same, 108 
 
 (g) Forging, etc., the great seal of the State, and other puMic seals. 
 
 1. Indictment for counterfeiting the great seal of the State, 109 
 
 (h) Fraudvlent issueand transfer of corporate stock, etc. 
 
 .1. Indictment for fraudulent issue of stock, 109 
 
 2 Indictment for fraudulent sale of stock 110 
 
 Section 1. Crimes aoainst public jitstice. 
 (a) Perjury and subornation to perjury. 
 
 1. Indictment for perjury before justice on a trial Ill 
 
 2. do do on trial at Circuit Court, 112 
 
 S. do do in affidavit for a capte, 113 
 
 i. do subornation to perjury '. 114 
 
 (6) Murder, death caused by perjury, 
 
 1. Indictment for murder, death by execution, the result of perjury, 117 
 
 (fi) Bribery. 
 
 1. Indictment for bribery of Justice,to influence favor, 119 
 
 2. do do do to partiality, 120 
 
 3. do do aconstable, 121 
 
 * (d) Public ojlcers stealing records, etc. 
 
 1. Indictment for stealing a record, 122 
 
 2. do altering a record, 122 
 
 S. do withdrawing a record, 122 
 
 (c> Inhumanity of jailer. 
 
 1. Indictment of jailer for Inhumanity, 122 
 
 (/) Qfflcers withholding records from successors. 
 
 i. Indictment against clerk of Circuit Court for withholding records, etc., 123 
 
 (g) Personation, 
 
 1. Indictment for personation on acknowledgment of deed, 124 
 
 2. do personating bail, ■ 124 
 
 (A) Eesisting (ffflcers. 
 1. Indictment for resisting a constable, 125 
 
 (i) Rescues and escapes. 
 
 1. Indictment for escape of convict, 127 
 
 2. do rescuing a felon before conviction, 128 
 
 3. do against warden of penitentiary, for a voluntary escape, 129 
 
 4. do do same, for negligent keeping 130 
 
 5. do for conveying tools to prisoner, to aid escape, 130 
 
 6. do rescue of prisoner under civil process, 131 
 
 7: do aWing escape, conveying disguises, 132 
 
 8. do rescue of prisoner from officer 133 
 
 9i da against constable for negligent escape 133 
 
 ij) Sefmal by officer to arrest an accused person. 
 1. Indictment against constable for refusal to arrest, etc., 134 
 
Table of Contents. xiii 
 
 (k) Compounding offenses. ■ page. 
 1. Indictment for compounding a felony, 135 
 
 (?) Con^racy. 
 
 1. Indictment for conspiring to Indict for keeping a bawdy house, 136 
 
 2. do same, to charge a man with crime, , 137 
 
 (m) Unlawful assuming office.' 
 1. Indictment for unlawful assumption of office, . . . .v 139 
 
 (n) Embracery. 
 
 1. Indictment for, etc., 110 
 
 (o) Common barratry. 
 
 1. Indictment for, etc , 141 
 
 (p) Maintenance. 
 1. Indictment for, eifi., 142 
 
 (g) Extortion. 
 
 1. Indictment for, etc., 143 
 
 (?•) Malfeasance of officers; 
 1. Indictment for misconduct of officer, . . . . ; 143 
 
 («) Threatening Utter. 
 
 1. Indictment for sending a letter demanding money, 144 
 
 2. do threatening to accuse of crime, with Intent, 144 
 
 3. do sending a letter threatening to accuse 145 
 
 4. do sending a letter threatening to kill 14B 
 
 Seotiok 8. Offenses Against the Pttbhc Peace. 
 (a) Ifisturbing the ipeace. 
 
 1. Indictment for, etc., 14S 
 
 (6) Unlawful assemblage refusing to disperse. 
 
 1. Indictment for, refusing to disperse, 140 
 
 (c) Unlawful assemblage. 
 
 1. Indictment for, etc., 147 
 
 (d) Saut. 
 1. Indictment for, etc., , 148 
 
 («) Biot. 
 
 1. Indictment for a riot, 149 
 
 (/) Officer neglecting to prevent a dueli ■ 
 
 1. Indictment against officer for neglect; etc., 14| 
 
 (g) Posting cowardice. 
 
 1. Indictment for, etc., 150 
 
 (ft) Libel. 
 
 1. Indictment for libel, 151 
 
 2. do hanging a man In effigy, 152 
 
 (i) Seditious riots. 
 
 1. Indictment for riot and battery to extort confessions, 153 
 
 2. do riot to compel a person to leave the State, 154 
 
 3. do lynch law, etc.,... .■ 154 
 
 4. do riot and assault on persons In authority 154 
 
 5. do riot with threats of violence,:..:..- ■: .■ 154 
 
 (J) Prize flghttng and boxing exhibitions. 
 
 1. Indictment for challenging to flght a prizefight, 155 
 
 2. do being engaged In sparring exhibitions, 156 
 
 3. do fighting a prize flght, 156 
 
xiv Table of Contents. 
 
 Section. 9. OrFESSES Against Public Morality, Health and Police. 
 I. Lewdness. 
 (a) Bigamy. PAGE. 
 1. Indictment for bigamy, 167 
 
 (ft) Unmarried person Icnowingly Tnarrying a married person. 
 1. Indictment against unmarried man marrying another's wife, 168 
 
 (c) Advltery and fornication. 
 
 1. Indictment for adultery 159 
 
 2. do against both parties Jointly for adultery 159 
 
 8. do against unmarried man for adultery with married woman 160 
 
 4, do for fornication, 160 
 
 5, do adultery and fornication, 160 
 
 6. do second offense, 161 
 
 7. do fornication of white and colored persons, 161 
 
 (d) Ituxstuout intercourse, etc. 
 
 1. Indictment for Incestuous intercourse 162 
 
 2. do Incest 162 
 
 («) Open lewdness, indecency and debauchery. 
 
 1. Indictment for open lewdness, 163 
 
 2. do public Indecency 163 
 
 3. do keeping open tippllng-house on Sabbath, 164 
 
 4. do same in night-time of Sabbath, 164 
 
 5. do keeping a lewd house, 164 
 
 6. do common ill-governed house, etc., 165 
 
 7. Another form for same, 165 
 
 8. Indictment for selling liquor on election day, 165 
 
 n. Gaming. * 
 (a) Importation, of playing cards, etc. 
 
 1. Indictment for importing billiard tables for sale, 166 
 
 2. do selling playing cards 166 
 
 3. do selling obscene books, 166 
 
 4. do selling obscene prints, 107 
 
 (6) Keeping gaming house. 
 1. Indictment for keeping a common gaming house, 167 
 
 (c) Gaming. 
 1. Indictment for, etc 168 
 
 ((2) Tavern keeper permitting gaming. 
 
 1. Indictment against tavern keeper for permitting gaming, 168 
 
 2. do do officer for neglect in preventing, etc 168 
 
 III. Selling liquok. 
 
 1. Indictment for selling, etc., in less quantity than a gallon, 170 
 
 2. do selling, etc., on premises without license, 170 
 
 3. do against grocery keeper for harboring minors 170 
 
 4. do for selling, etc., to an Indian, 170 
 
 IV. Roads, Nuisances, etc. 
 J, Indictment for obstructing a highway, 171 
 
 2. do do public navigable stream, 172 
 
 3. do nuisance by deleterious smoke, etc 173 
 
 4. do carrying ou a trade offensive to smell 174 
 
 5. do do an offensive trade, 174 
 
 6. do polluting a water-course, 175 
 
 7. do diverting do 176 
 
 8. do obstructing a public road, 176 
 
Table of Contents. xt 
 
 V. Disease. page. 
 
 1. Indlctment'for throwing dead animal Into a water-course 177 
 
 2. do selling unwholesome meat, 178 
 
 3. do do adulterated liquors, 178 
 
 4. do bringing diseased sheep into the State, 173 
 
 5. do do Texas cattle do do 179 
 
 B. do same (Law 1869), 179 
 
 7. do having same in possession, 180 
 
 8. do adulterating candies, 180 
 
 VI. Miscellaneous. 
 
 1. Indictment for uttering unauthorized bill of credit 181 
 
 2. do defacing public notice 182 
 
 3. do having tools to break into a dwelling-house, 182 
 
 4. do same, another form, 182 
 
 6. do haying concealed weapons, etc., 183 
 
 6. do refusing to join j»s<« <x>mito<i«, 183 
 
 7. do desecrating a grave, 163 
 
 8. do willful trespass on burying-ground, 184 
 
 9. do injuring pecan timber, 181 
 
 10. do desecrating a dedicated place of interment, 184 
 
 11. do trespassing on county fair grounds, 185 
 
 VII. Elections. 
 
 1 . Indictment for voting more than once at an election, 186 
 
 2. do ' do at an election, not qualified, 186 
 
 3. do causing name to be registered, when not qualified, 187 
 
 4. do menacing an elector, 187 
 
 6. do voting more than once at a stock election, 188 
 
 6. do do do removal of county seat election, . 188 
 
 VIII. Sunday. 
 1. Indictment for disturbing public worship, 189 
 
 Section 10. Offenses by Cheais, etc 
 No. 1. Fraudulent conveyarux. 
 
 1. Indictment for fraudulent conveyance, 191 
 
 No. 2. False repreeentatUms. 
 
 1. Indictment for false representations 191 
 
 No. 3. False pretenses. 
 
 1, Indictment for, etc., 192 
 
 'No. 4. Conjictence game. 
 
 1. Indictment for confidence game, 193 
 
 No. 5. Fraud in selling land twice. 
 1. Indictment for selling land twice, 193 
 
 No. 6. False weights, etc. 
 1. Indictment for selling by false weights, 194 
 
 No. 7. Frauds by warehousemen. 
 
 1. Indictment for issuing false receipts, 194 
 
 2. do do receipt for property not his own, 195 
 
 3. do do second receipt, first not canceled, 195 
 
 4. do transferringstockln warehouse without consent of owner,... 195 
 
xvi Table of Contents. 
 
 No. 8. FraudulenUy mixing grain. PAGE. 
 1. Indictment for fraudulently mixing gi-aln, 19S 
 
 No. 9. Contracts for future delivery of grain. 
 
 1. Indictment for gambling contract for future delivery of, 196 
 
 2. do loaning warehouse receipts for speculation, 197 
 
 No. 10. Overcharging railroad fare and freight. 
 
 1. Indictment for overcharging railroad passenger fare, 197 
 
 2. do same freight fare, 197 
 
 No. 11. Frauds on canAgnars. 
 1. Indictment for fraudulent conversion of consignments, not over $100 In 
 value, 198 
 
 No. 13. Frauds in sales of patent rights. 
 1. Indictment for selling patent rights, 'without complying with the statute,.. 198 
 
 No. 13. Assuming corporate name. 
 
 1. Indictment for assuming corporate name without charter, 199 
 
 2. Same for assuming a corporate name, other than in the charter, 200 
 
 No. 14. Frauds on insurance companies, 
 1. Indictment for obtaining money on life policy of insurance by falsely repre- 
 senting the death of the Insured, 200 
 
 No. 15. Frauds on gas consumers and gas companies. 
 
 1. Indictment for causing a gas-pipe to supply gas, without connecting same 
 
 with the meter, 201 
 
 2. Indictment for injuring gas meter, to defraud, etc., 201 
 
 No. 16. Frauds as to mineral oils. 
 
 1. Indictment for selling mineral oil not approved 201 
 
 No. 11. Fraudson homestead corporaHone. 
 i. Indictment of trustee for canceling mortgage, without authority, 202 
 
 Section 11. rBATJDiii.KNT and Malicious Mischief. 
 
 1. Indictment for injuring a bridge, 203 
 
 2. do breaking windows, etc., 201 
 
 S. do firing a stack of hay, 204 
 
 4. do cutting down fruit trees, 204 
 
 5. do pulling down a gate, 304 
 
 6. do do woodpiles, 204 
 
 7. do overturning a cart, •.. 204 
 
 S. do Tunning same into a. slough, 305 
 
 9. do setting boat adrift, 305 
 
 10. do poisoning a horse, 205 
 
 11. do burning a rick of hay over $35 value, 205 
 
 12. do injuring a Jail 305 
 
 13. do firing prairies, 206 
 
 14. do injuring a tomb, 206 
 
 15. do injuring canal embankment, 206 
 
 Section IS. Offenses as to Slaves, etc. 
 1. Indictment for harboring a minor, 207 
 
 Informations, 
 1. Form of an information 207 
 
Table of Contents. xvii 
 
 PART III. DEFENDANT'S SPECIAL PLEAS. 
 
 PAQE. 
 
 1. Plea of misnomer of Christian name, 208 
 
 2. Replication to same, 209 
 
 3. Special plea in bar, 209 
 
 4. Replication to same, 209 
 
 5. Rejoinder, ^ 210 
 
 6. V\ea, aulref (As acquit 210 
 
 7. Plea autrefois convict, 211 
 
 8. Replication, 212 
 
 9. Plea of pardon 212 
 
 APPENDIX. 
 
 1. Indictment In Comnumwealth v. Webster, for murder of Dr. Parkman 213 
 
 2. do for threatening by letter to accuse of a crime, 215 
 
 3. do for sending a letter threatening to burn a dwelling-house, 216 
 
 4. Same, for sending a threatening letter, ., 216 
 
 5. Indictment for fraudulent conveyance in Begina v. Smith, 6 Cox C. C. 31, 217 
 
 6. V\ea,ot autrefois acquit lii.Eegina -v. Bird, 6 Cots. C. C. 12, 225 
 
 7. Indictment in Begina v. Bird, mentioned above for murder by a series of 
 
 beatings, 228 
 
 8. Section 3, cli. 5, Stat. ISEliz. omitted in No. 5, above, 233 
 
 9. Citation from Russell on Crimes, p. 50, omitted in No. 5, above, 234 
 
 10. Indictment for threatening to accuse of an Infamous crime In case of Begina 
 
 V. Tiddeman, iCoTcC.C.C. 387 ■. 234 
 
 11. Practical suggestion on framing indictments, etc., 286 
 
 Index 239 
 
TABLE OF CASES. 
 
 A. 
 
 Ammons v. People Murder, H 111. 6. 
 
 Armstrong t. People Abortion, 37 111. 459. 
 
 Armstrong v. People, Indictment, assault to murder, 38 111. tlS. 
 
 Arnold v. Ludlam, Larceny, 38 111. 190. 
 
 Aulger V. People Dueling, 34 lU. 488. 
 
 B. 
 
 Baldwin v. People, Larceny, 1 Scam. 304. 
 
 Barnes v. People Larceny, 18 111. 53. 
 
 Barney V. People Rape, 22111. 160. 
 
 Barrators, case of, Barratry, 8 Eep. 36. 
 
 Barrows v. People Larceny, 11 111. 121. 
 
 Baxter v. People, Murder, 2 Gilm. 578. 
 
 Baxter v. People Indictment, Murder, 3 Gilm. 368. 
 
 Bayard v. McLane, Maintenance, 3 Harr. B. 139. 
 
 Beckwith v. People Assault to murder, 26 111. 200. 
 
 Bell T. People Larceny, 1 Scam. 397. ' 
 
 Bennett v. People, Liquor, 30 111. 389. 
 
 Berger v. People Incest, 17 111. 426. 
 
 Bin V. People Robbery, 14 111. 432. 
 
 Birch, Ex parte Murder, 3 Gilm. 134. 
 
 Bissell V. Ryan Trial, 23 111. 570. 
 
 Bland v. People,-. Forgery, 3.Scam. 364. 
 
 Blevlngs V. People Burglary,! Scam. 172. 
 
 Brennan v. People Indictment, Murder, Trial, 15 111. 514. 
 
 Bromley v. People, Larceny, 27 111. 20. 
 
 Brooks' case, .... : Burglary, 4 Rep. 39. 
 
 Brown v. People, Forgery, 4 Gilm. 439. 
 
 Bullock V. State, Embezzlement, 10 Geo. 47. 
 
 c. 
 
 Campbell v. People, Murder, 16 111. 17. 
 
 Cannaday v. People Liquor, 17 111. 158. 
 
 Cantrell v. People Resisting officer, 3 Gilm. 356. 
 
 Carle v. People Illegal voting. 12 111. 285. 
 
 Carpenter v. People, Assault to murder, 4 Scam. 197. 
 
 Chinn v. People, False Imprisonment, 6 C. & P. 361. 
 
 Clark V. People Arson, 1 Scam. 117. 
 
 Commonwealth v. Alwell, , Burglary, 7 Mass. 245. 
 
 do V. Ayer, Forgery, 3 Cush. 150. 
 
 do V. Bailey, Forgery, 1 Mass. 62. ' 
 
 do V. Belton, Arson, 5 Cush. 427. 
 
 do V. Brown, Larceny, 4 Mass. 579. 
 
 do V. Buzzell, Arson, 16 Pick. 153. 
 
 do T. Chapman Arson, 5 Whar. 427. 
 
XX Table of Cases. 
 
 Commonwealth v. Chevalier, Burglary, 7 Dane Abr. 13-1. 
 
 do ..Clifford, Robbery, 8 Cush. 215. 
 
 do V.Harney Arson, Embezzlement, 10 Mete. 422, 426. 
 
 do V.Humphries, Robbery, 7 Mass. 242. 
 
 do V. James Larceny, 1 Pick. 375. 
 
 do v.Klrby, Perjury, 12 Pick. 373. 
 
 do V. Knight, Resisting officer, 2 Cush. 577. 
 
 do V. Llbby Embezzlement, 11 Mete. 64. 
 
 do V.Mark, Burglary, 4 Leigh, 658. 
 
 do V. Newell Mayhem, 7 Mass. 244. 
 
 do V. Plnnock, Burglary, 3 S. & Rawle, 199. 
 
 do V. Pollard Murder, 12 Mete. 295. 
 
 do V. Posey, Arson, 4 Cal. 109. 
 
 do V. Searl, Perjury, 2 Binney, 332. 
 
 do V.Simpson, Embezzlement, 9 Mete. 138. 
 
 do V.Smith Larceny, 1 Mass. 244. 
 
 do V. Stearns, Embezzlement, 2 Mete. 343. 
 
 do V. Stevens, Forgery, 1 Mete. 324. 
 
 do V. Steward, Burglary, 7 Dane Abr. 136. 
 
 do V. Taylor, Forgery, 5 Cush. 605. 
 
 do V. Van Schalck, .. Arson, 16 Mass. 105. 
 
 do V. Wade, Arson, 17 Pick. 395. 
 
 do V. Webster, ^urder, 5 Cush. 295. 
 
 do V. White, Perjury, 8 Pick. 452. 
 
 do V. Williams, Burglary, 2 Cush. 
 
 do V.Wilson, Forgery, Mass. Sup. J. C. Oct. T., 1854. 
 
 do V. Wright, Forgery, 1 Cush. 46. 
 
 do V. Wyman Stolen goods, 8 Mete. 247. 
 
 Conkrlght v. People, Larceny, 35 111. 204. 
 
 Connolly V. People, Indictment, Assault to rob, 3 Scam. 474. 
 
 Cook V. Shipman Bribery, 24 111. 014. 
 
 Coughlin V. People, Assault with weapon, 18 111. 267. 
 
 Cowen V. People Conspiracy, 14 111. 348. 
 
 Crandall v. Dawson, Perjury, 1 Gilm. 556. 
 
 Crofts V. People, Forgery, 2 Scam. 442. 
 
 Curtis V. People Indictment, Bre. 197. 
 
 Curtis V. People,. Assault to kill, 1 Scam. 285. 
 
 D. 
 
 Daniels v. People, Obstructing highway, 21 111. 439. 
 
 Davis V. Rex Arson, 1 Leach C. C. 493. 
 
 Davis v. People, Murder, 19 111. 74. 
 
 Dias V. State, Murder, 7 Blatch. 20. 
 
 Dimon v. People, Obstructing highway, 17111. 416. 
 
 Dougherty v. People, Riot, 4 Scam. 179. 
 
 Ducker v. State, Burglary, 18 Ohio, 308. 
 
 Dugdale v. Reg., Counterfeiting, Pearce C. C. 64. 
 
 Duncan v. People Assault to kill, 1 Scam. 456. 
 
 Durham v. People, Forgery, 4 Scam. 172. 
 
 E. 
 
 Edwards v. Commonwealth Counterfeiting, 19 Pick. 124. 
 
 Eels v. People Harboring minor, 4 Seam. 498. 
 
 Eyman v. People Omission of duty, 1 Gilm. 4. 
 
 F. 
 
 Foirlee v. People, Indictment, murder, 11 111. 1. 
 
 Farrell v. People, Larceny, 16 111. 506. 
 
 Fielding's Case, Burglary, Dyer, 58. 
 
Table of Cases. xxi 
 
 Flnden v. Parker, '. Maintenance, 11 M. & W. 619. 
 
 Fishery. People Murder, 23 111. 288. 
 
 Foley V. People Larceny, Bre. 31. 
 
 Foreman v. Baldwin, Pardon, 24 111. 298. 
 
 Freelaud v. People Blot, 16 111. 380. 
 
 Gardner T. People, Murder, 8 Scam. 83. 
 
 Gardner v. People Liquor, 20 111. 430. 
 
 Gate.s V. People, Murder, 14111.433. 
 
 Gerard V. People, Murder, 3 Scam. 362. 
 
 Gibbons v. People Murder, 23 111. 518. 
 
 Gibbons v. People, Gaming, 33 111. 442. 
 
 Goddard v. Jacksonville, Liquor, IB 111. 588. 
 
 Gray v. People, Larceny, 26 111. 344. 
 
 Green V. People, Gaming, 21 111. 125. 
 
 Gutchins v. People Foreign bill, 21 111. 624. 
 
 Gutzweller v. People, Liquor, 14 111. 142. 
 
 Guy owski v. People, Murder, I Scam. 476. 
 
 H. 
 
 Ham V. People, Assault and battery, 15111. 804. 
 
 Hampton v. State, Stolen goods, 8 Humph. 69. 
 
 Highland v. People, Larceny, 1 Scam. 392. 
 
 Hildreth v. People, Larce'ny, 32 111. 36. 
 
 HoUiday v. People, Abortion, 4 Gilm. 411. 
 
 HoUiday v. Gamble, Knticing apprentice, 18 111. 35. 
 
 Hopkinson v. People, Assault to murder, 18 111. 364. 
 
 Hopkins V. Commonwealth, Counterfeiting, 3 Mete. 460. 
 
 Hoppsv. Commonwealth, Murder, 31 Mete. 385. 
 
 Hunter V. Commonwealth Blot, 1 Scam. 453. 
 
 Hurd V. Shaw, Malicious prosecution, 20 HI. 354. 
 
 I. 
 
 Israel v. Brooks, Malicious prosecution, 23 111. 675. 
 
 J. 
 
 Jackson v. People, Bigamy, 2 Scam. 231. 
 
 Jackson v. People, Murder, 18111. 269. 
 
 Johnstone v. People, Larceny, 31 111. 469. 
 
 Johnstone v. People, False prefenses, 22 111. 314. 
 
 Jones V. People Malfeasance, 2 Scam. 477. 
 
 Jones V. People, Larceny, 12 111. 259. 
 
 Jones V. People, Liquor, 14 111. 1%. 
 
 Jumpertz v. People, Murder, 21 111. 375. 
 
 Jupitz V. People, Stolen goods, 34 111. 676. 
 
 K. 
 
 Kinney v. Brown, Maintenance, 3 Eidg. P. 0. 462. 
 
 KitT. State, Robbery, 11 Humph. 167. 
 
 Kimball v. People Liquor, 20 111. S48. 
 
 Lane V. People, Larceny, 5 Qllm. 305. 
 
 Laneyv. Reglna Perjury, 2 Den. C. C. 604. 
 
 Larkin's Case, Murder, 1 Bulstr. 124. 
 
 Lawrence v. People, Larceny, 1 Scam. 414. 
 
 Leidig v. Rawson Malicious prosecution, 1 Scam. 372. ■ 
 
xxii Table of Cases/ 
 
 Leech v. Waugh, Obstructing highway, 84 111. 22S. 
 
 Leeok's Case, Embezzlement, S Stark. N. P. TO. 
 
 Lequot v. People, Indictment, 11 111. 330. 
 
 Lewis V. State Burglary, 16 Conn. 32. 
 
 Lincoln V. State, Larceny, 20111.364. 
 
 Livings V. Wiler, Forgery, 32 111. 387. 
 
 Long's Case, Forgery, B Eep. 121. 
 
 Mc. 
 
 McDonald v. Brown, Stolen goods, 16 111. 32. 
 
 Mcln tyre T. People, Indictment, murder, 38 111. 514. 
 
 McKlnney v. People, Murder, 2 Gilm. 540. 
 
 McQuold v. People Eesisting officer, 3 Gilm. 76. 
 
 M. 
 
 Maher v. People, Murder, 24 111. 241. 
 
 Maton V. People, Robbery, 15 111. 536. 
 
 Metzlerv. People,... Liquor, 14 111. 101. 
 
 Miller V. People, Counterfeiting tools, 2 Scam. 23S. 
 
 Mohler v. People, Disorderly house, 24 lU. 26. 
 
 Mononghan v. People, Larceny, 24 HI. 340. 
 
 Morrell V. People, Perjury, 32 111. 499. 
 
 Moody V. People, Kidnapping, 20 111. 315. 
 
 Murphy v. People, Murder, 37 111. 447. 
 
 Myers v. People, Larceny, 26 111. 173. 
 
 N. 
 
 Neely V. People Rape, 13 111. 685. 
 
 Newkirk v. Dalton Stolen goods, 17 111. 413. 
 
 Nixon V. People Murder, 2 Scam. 267. 
 
 Noble V. People, Forgery, Bre. 29. 
 
 Nomaque v. People, Murder, Bre. 109. 
 
 o. 
 
 O'Connell v. Begina Indictment, 11 CI. & Fin. 155. 
 
 F. 
 
 Pankey V. People, Perjury, 1 Scam. 80. 
 
 Paris Town v. People, Nuisance, 27 111. 74. 
 
 Pate V. People, Forgery, 3 Gilm. 644. 
 
 People V. Jackson, Larceny, 8 Barb. 637. 
 
 Perry V. People Assault to_ murder, 14 111. 439. 
 
 Pocock V. Moore, : False imprisonment. By. & M. N. P. 32L 
 
 Proctor T. Lewlston Obstructing road, 25 111. 153. 
 
 Proctor V. Lewlston, Obstructing street, 27 111. 414. 
 
 Q,. 
 
 Quigley V. People, Counterfeit notes, 2 Scam. 301. 
 
 R. 
 
 Ralney T. People, Murder, S Gilm. 71. 
 
 Kegina V. Albert Indictment, 5 Q. B. 1 Dav. 
 
 do V. Alford Embezzlement, 5 Den. 76. 
 
 do V.Allen, Bestiality, 1 C. <t K. 495. 
 
 do V.Allen, Rape, 2 Moo. C. C. C. 179. 
 
 do V. Bagster, Manslaughter, 3 Cox C. C. 191, 
 
 do T. Baker, Burglary, 8 Cox 0. C. 191, 
 
Table of Cases. xxm 
 
 Reglna V.Bent Arson, 2 C. & K. 179. 
 
 do v.Blss, Murder, 2 Moo. C. C. 93. 
 
 do v. Boult, Forgery, 2 C. & K. 604. 
 
 do Y.Brooks Burglary, C. & M. 544. 
 
 do V. Buchanan, Indictment, 8 Q. B. 833. 
 
 do V. Cliappel Accessories, 9 C. 4 P. 365. 
 
 do V. Cihrlstlan, Rape, C. & M. 187. 
 
 do V. Coxhead, Concealing birth, 1 C. & K. 623, 
 
 do T. Cruise, Indictment, 8 C. & P. 633. 
 
 do V. Cuddy, Dueling, 2 Cox C. C. 6. 
 
 do V. Dugdale, Counterfeiting, Fearce C. C. 64. 
 
 do T. Frost, Treason, 9 C. & P. 129. 
 
 do V. Folkes, Rape, 1 Moo. C. C. 344. 
 
 ' do V. Fulton, Counterfeiting, Jebh. C. C. 48. 
 
 do V. Furnlval, Burglary, B. & By. C. C. 445. 
 
 do V. Galleas, Larceny, 5 Cox C. C. 672. 
 
 do V. Hallet Perjury, 2 Den. C. 0. 604. 
 
 do V. Hlgglns, Accessories, 2 East, 5. 
 
 do V. Holroyd, Obstructing railroad, 2 M. & B. 389. 
 
 do V. Holloway, Larceny, 2 C. & K. 992. 
 
 do . V. Hounsel, Concealing birth, 2 M. & R. 292. 
 
 do V. Ion, Counterfeiting, 2 Den. C. C. 475. 
 
 do V. Laney, Perjury, 2 Den. C. C. 504. 
 
 do V.Lyons, Stolen goods, 1 C. & M. 217. 
 
 do V. Mansfield, Larceny, C. & M. 190. 
 
 do V.Newton, Indictment, 2 M. & B. 603. 
 
 do v.O'Connor, Arson, 2 Cox. C. C. 65.' 
 
 do V. Parr, Stolen goods, 2 M. & R. 846. 
 
 do V. Pargeter, Manslaughter, 3 Cox C. C. 191. 
 
 do v.Philpotts, Perjury, 5 Id. 329. 
 
 do v.Pulham, Stolen goods, 9 C. & P. 280. 
 
 do V.Sandys Murder, C. & M. 345. 
 
 do V. Sherman, Forgery, 6 Cox C. C. 312. 
 
 do V. Sm 1th, Fraudulent conveyance, 6 Cox C. C. 31. 
 
 do V. Spiers, Larceny, 2 Cox C. C. 445. 
 
 do V. Thomson, Burglary, 2 Cox C. C. 445. 
 
 do V. Thompson, Personation, 2 M. & B. 3S5. 
 
 do V. Williams Forgery, 2 Den. C. C. 61. 
 
 do V.Young Dueling, 8 C. & P. 644. 
 
 Reins V. People, Manslaughter, 10 111. 266. 
 
 Bex V. Aylett, Perjury, 1 T. B. 63. 
 
 do V.Baxter, Stolen goods, 5 T. E. 83. 
 
 do V. Beacall, Embezzlement, 1 O. & P. 454. 
 
 do V. Beverldge, Accessories, 3 P. Wms. 439. 
 
 do V. Eootyman Embezzlement, 6 C. dc P. 300. 
 
 do V. Brotherton, Indictment, 1 Stra. 702. 
 
 do T.Carson, Larceny, R. & Ry. C. C. 303. 
 
 do V.Caspar, Stolen goods, 2 Moo. C. C. 101. 
 
 do V. Damaree, Treason, Foster, 208. 
 
 do V. Davis, Arson, 1 Leach C. C. 493, 
 
 do v.Dlxon Indictment, 3 M. & S. 16. 
 
 do V.Donovan, Arson, 2 W. B. Bl. 682. 
 
 do V.Dunn, Stolen goods, 1 Moo. C. C. 148. 
 
 do V.Dyer, Stolen goods, 2 East P. C. 767. 
 
 do V. Earls of Essex & Southamp- 
 ton, Treason, Moor, 620. 
 
 do V. Earnshaw,. ■. Perjury, 16 East, 456. 
 
 do v.Edwards, Larceny, E. & By. C. C. 497. 
 
 do V.Ellsworth, Forgery, 2 East P. C. 986. 
 
xxiv Table of Cases. 
 
 Bex V. Eraden, Embezzlement, 9 East, 437. 
 
 do V. Fearnley, Indictment, 1 T. B. 316. 
 
 do V.Forsyth Larceny, B. & By. C. C. 303. 
 
 do V.Garland, Burglary, 2 East P. C. 493. 
 
 do V. Gilchrist, , Forgery, 2 Leach C. C. 657. 
 
 do V. Goddard Perjury, 3 Salk. 171. 
 
 do V. Goldstone, Forgery, B. & By. C. C. 473. 
 
 do V.Gray, Bape, 7 C. & P. 164. 
 
 do V. Gregg, Misprision of treason, 10 St, Tr. app. 77. 
 
 do V. Harding Misprision of treason, 2 Vent. S18. 
 
 do V. Hart, Forgery, 1 Leach C. C. 145. 
 
 do V. Haslin, Stolen goods, 1 Leach, 418. 
 
 do V. Hawks, Perjury, S C. & P. 419. 
 
 do T.Heath, Counterfeiting, K. <fe By. C. C. 184. 
 
 do V. Hodgson, Embezzlement, 3 C. & P. 423. 
 
 do V. Hunter, Forgery, 2 Leach C. C. 624. 
 
 do V. Jervis Accessories, 2 M. & B. 40. 
 
 do V. Jcnks, Burglary, 2 Leach C. C. 774. 
 
 do V.Jennings, Perjury, 2 Burr. 1617. 
 
 do T.Johnson Perjury, 6 East, 583. 
 
 do V. Johnstone, Bobbery, 2 East P. C. 786. 
 
 do V. Jones, Forgery, Doug. 300. 
 
 do T. Ladd, Murder, 1 Leach C. C. 96. 
 
 do V. Leafe, Perjury, 1 Andr. 226. 
 
 do V. Lord G. Gordon , Treason , Doug. 590. 
 
 do v.McNaghten Insanity, 10 CI. & Fin. 200. 
 
 do v. Messingham, Stolen goods. 1 Moo. 257. 
 
 do V. Mlnton Arson, 2 East P. C. 1033. 
 
 do V. Morris, Perjury, B. <fe By. 270. 
 
 do v.Murphy, Dueling, 6 C. & P. 103. 
 
 do T. Newham, Peijury, 1 Ld. Baym. 562. 
 
 do T. Norton, Indictment, B. & By. 510. 
 
 do V.Phillips Dueling, 6 East, 464. 
 
 do V. Powell Forgery, 1 Leach C. C. 72. 
 
 do V. Prendergast Embezzlement, Jebb C. C. 64. 
 
 do V. Puckering, Larceny, 1 Moo. C. C. 442. 
 
 do V. Bichards, Embezzlement, 7 Dow. & Byl. 665. 
 
 do V. Bice, Dueling, 3 East, 581. 
 
 do v.Bogan '. Bobbery, Jebb C. C. 62. 
 
 do V. Bough, Larceny, 2 East P. C. 607. 
 
 do V.Salmon Arson, B. & By. C. C. 26. 
 
 do V. Scofleld, Perjury, Cald. 379. 
 
 do v.Sharwin, Murder, 1 East P. C. S41. . 
 
 do V.Smith, Perjury, B. & By. 58. 
 
 do V. Smith, False Imprisonment, 2 C. & P. 449. 
 
 do V. Stevens, Perjury, 5 East, 244. 
 
 do V. Souter, Embezzlement, 2 Stark. 423. 
 
 do V.Stone, Misprision of treason, 6 T. E. 527. 
 
 do T.St. John, Burglary, 9 C. & P. 40. 
 
 do V.Stockton, Bobbery, 5 Mod. 137. 
 
 do V.Summers, Bobbery, 2 East P. C. 785. 
 
 do v.Teaque, Forgery, B. & By. C. C. 33. 
 
 do V.Thomas Indictment, 7 C. & P. 820. 
 
 do V. Thompson, Burglary, 2 East P. C. S15. 
 
 do V.Turner Arson, 1 Moo. C. C. 239. 
 
 do V.Turner, Bobbery, 1 Leach C. C. 638. 
 
 do y. Tye Murder, 1 E. & By. C. C. 345. 
 
 do V. Vaughan Misprision of treason, 2 Salk. 635. 
 
 do v.Wandle Bobbery, 1 B. <& By. C. C. 9. 
 
Table of Cases. 
 
 Rex V. Walkley Stolen goods, 4 C. & P. 132. 
 
 do V. Wallace, Accessories, 2 Moo. C. C. 200. 
 
 do V.Warren Rape, 1 Russ. 686. 
 
 do V. Wheatley Perjury, 2 Burr. 1125. 
 
 do V. White Burglary, Leach C. C. 252. 
 
 do V. Wilcox, Forgery, R. & Ry. 50. 
 
 do V. Williams, Counterfeiting, 2 Leach. 529. 
 
 Rice V. Commonwealth, Indictment, 12 Mete. 246. 
 
 s. 
 
 Sampson v. Commonwealth, Arson, 5 Watts & Serg. 
 
 Sawyer v. People, Larceny, 3 Gilm. 58. 
 
 Schermer v. People, Murder, 33 111. 276. 
 
 Schnier V. People, Murder, 29 111. 164. 
 
 Sohram v. People Riot, 29 111. 162. 
 
 Searls v. People Fornication, 13 111. 507. 
 
 Sellers v. People, Murder, 3 Scam. 412. 
 
 Severin v. People, Assault and battery, 37 111. 414. 
 
 Sharp V. People, Assault to murder, 29 111. 464. 
 
 Shattuck V. People, Forgery. 4 Scam. 477. 
 
 Slomer v. People, False imprisonment, 25 111. 70. 
 
 Smith V. People, Rape, 25 111. 17. 
 
 Snap V. People Malicious mischief, 19 111. 80. 
 
 Spears v. Barber Indictment, 1 T. R. 141. 
 
 Starkey v. Barber, Murder, 17 111. 17. 
 
 State V. Ames, , Forgery, 2 Greenl. 336. 
 
 do V. Bancroft, Burglary, 10 N. H. 105. 
 
 do V. Barsfleld Bribery, 14 Ala. 603. 
 
 do V. Bean, Forgery, 19 Verm. 530. 
 
 do V. Bonney Forgery, 24 Me. 223. 
 
 do V. Brown, Larceny, 1 Dever. 137. 
 
 do V. Butler, Accessories, 17 Verm. 145. 
 
 do V. Carr, Forgery, 8 N. H. 267. 
 
 do V.Clark, Larceny, 8 Ire. 226. 
 
 do V. Cotton, Burglary, 4 Fos. 143. 
 
 do V. Downer, Resisting officers, 8 Verm. 424 
 
 do V. Ducher, Burglary, 18 Ohio, 308. 
 
 do y. Dowell Larceny, 3 Gil. & J. 310. 
 
 do V. Furlong, Perjury, 26 Me. 69. 
 
 do V. Hailey, Resisting officer, 2 Strobh. 73. 
 
 do V. Hampton, Stolen goods, 8 Humph. 69. 
 
 do V. Haskell Larceny by bailee, 33 Me. 127. 
 
 do V. Hathaway, Perjury, 2 N. & Mc. 118. 
 
 do y. Hooker, Resisting officer, 19 Verm. 658. 
 
 do V. Lewis, Burglary, 16 Conn, 82. 
 
 do V. Logan, Burglary, 1 Mo. 377. 
 
 do V. Longbottom, Burglary, 11 Humph. 39. 
 
 do V.Lyon, Arson, 12 Conn. 487. 
 
 do V. Mumford, Perjury, 1 Dever. £19. 
 
 do V. Murphy, Stolen goods, 6 Ala. 845. 
 
 do V. McLane, Arson, 4 Geo. 335. 
 
 do V. Nelson, Stolen goods, 29 Me. 529. 
 
 do V. Owen Murder, 1 Mumph. 452. 
 
 do V. Rout, Larceny, 3 Hawks, 618. 
 
 do v.Street, Perjury, 2 Tyler (Vt.) 195. 
 
 do V.Taylor, Murder, 1 Comst. 107. 
 
 do v.Tootle, Larceny, 2 Harr. 541. 
 
 do v.Twitty, Forgery, 2 Hawks, 248. 
 
 do v. Weaver, Forgery, 13 Ire. 491. 
 
 D 
 
xxvi Table of Cases. 
 
 state V. Wilson, Burglary, Cox, 439. 
 
 Steel V. Smith, Indictment, 1 B. & Aid. 94. 
 
 Stoltz V. People, Gaming house, 4 Scam. 169. 
 
 Stone V. People, Murder, 3 Scam. 326. 
 
 Swaggerty v. State, Stolen goods, 9 Yerg. 33«. 
 
 Swain V. People, Forgery, 4 Scam. 178. 
 
 T. 
 
 Thomas v. State, Burglary, 5 How. (Misa.j 20. 
 
 Thompson v. People, False pretenses, 24 ni. 60. 
 
 Town of Paris v. People, Indictment, 27 111. 75. 
 
 Townsend v. People, Counterfeiting, 3 Scam. 326. 
 
 Tyler v. People, Larceny, Ere. 327. 
 
 XJ. 
 
 United States v. Hinman, Indictment, Bald. 292. 
 
 do V. McGlne Forgery, 1 Curtis, 1. 
 
 do V. WorraU Bribery, 2 Dall, 384. 
 
 do V. Warner Manslaughter, 4 McLean, 463. 
 
 V. 
 
 Vaughan's case, Treason, 5 St. Tr. 17. 
 
 Wade V. Walden Malicious prosecution, 23 lU. 246. 
 
 Waddington's case, Burglary, 2 East P. C. 513. 
 
 Wallace v. People Forgery, 27 111. 45. 
 
 Walsh V. People, Assault, 16 lU. 364. 
 
 Ward V. State Murder, 7 Blatch. 101. 
 
 Welsh V. People Larceny, 17 111. 339. 
 
 Willis V. People, Larceny, 1 Scam. 400. 
 
 Wilson V. Alexander, Forgery, 3 Seam. 382. 
 
 Y. 
 
 Yates V. People Murder, 38 lU. 527. 
 
 Yates V. State, Larceny, 10 Yerg. 549. 
 
 z. 
 
 ZuTiseller v. People Liquor, 17 111. 104. 
 
BASSETT'S CRIMINAL PLEADING AND PRACTICE. 
 
 PAET I. OF PLEADING AND PEACTICE. 
 
 CHAPTEE I. Of the Indictment. 
 
 Section 1. What it is. 
 
 An indictment is a written accusation of one or more persons 
 of a crime, preferred to, arid presented upon oath by, a grand 
 jury.^ It is the most constitutional and usual course for 
 bringing offenders to justice on criminal charges.^ This accu- 
 sation is preferred in the name of the sovereign authority in 
 the State — that is, the people — to a grand jury, competent by 
 law to find it, and is found by that body on their oaths. When 
 preferred to the grand jury it is called a bill, and when found 
 by them, and not until then, is it an indictment. It is gene- 
 rally prepared by the prosecuting officer, from the evidence 
 taken by the grand jury, or otherwise presented to them.' 
 
 Its object is two-fold, first, to inform the jury of the nature 
 of the accusation they are to try ; second, to inform the accused 
 of the charge which he is called upon to answer. It should be 
 in simple, yet technical language — technical in view of the 
 statute creating the offense ; hence section 162 of the Criminal 
 Code of this State provides, " that every indictment or accusa- 
 tion of the grand jury shall be deemed sufficiently technical 
 and correct, which states the offense in the terms and language 
 of this Code, or so plainly that the nature of the offense may 
 be easily understood by the jury." * This provision does away 
 with the old technical and inverted phraseology, as well as the 
 old multiplication of counts in indictments, both which tended 
 to frustrate justice, though designed with the opposite intent. 
 Proceedings under the indictment are further simplified by 
 
 ' Aich. Cr. PI. 1. ' Broom Comm. Com. Law, 991. 
 
 ' Broom Comm. Com. Law, 993. * R. S. 1845, ch. 30, § 163. 
 
2 Of the Indictment. 
 
 the provision of the Oriniinal Code, that all exceptions wliich 
 go merely to matter of form in the indictment, shall be made 
 before trial, and that motions in arrest of judgment, or writ of 
 error, must be matter affecting the real merits of the offense 
 charged in the indictment.' 
 
 Section 2. When an indictment lies. 
 Generally speaking, an indictment lies for all treasons and 
 felonies — misprisions of treason and of felony — and for all 
 misdemeanors of a public nature both statutory and at common 
 law, except such misdemeanors of a public nature, which by 
 the Code or by the statute are specially made matter of cog- 
 nizance and determination by justices of the peace ; these are, 
 however, lesser misdemeanors. It lies for all breaches of pub- 
 lic duty, for willful negligence endangering human life, for 
 illegal combinations, and for public nuisances. The act, not 
 the intent, is indictable ; but where the intent appears by any 
 overt act, the party may be indicted for an attempt to commit 
 the offense.' Our Criminal Code defines a crime or misde- 
 meanor to be " a violation of public law." ' The word " crime," 
 as popularly understood, conveys the idea of something done in 
 violation of law, which exposes the offender to some sort of 
 punishment, but this idea is incorrect ; the law must be of a 
 public nature — -that is, all such acts or attempts as tend to the 
 prejudice of the community.* Hawkins says : " There can be 
 no doubt, but that all capital crimes whatever, and also all 
 kinds of inferior crimes of a public nature, as misprisions, and 
 all other contempts, all disturbances of the peace, all oppres- 
 sions, and all other misdemeanors whatever of a public evil 
 example against the common law, may be indicted ; but no 
 injuries of a private nature, unless they some way concern the 
 King " (people). "Also," he further says, " it seems to be a 
 good general ground, that wherever a statute prohibits a mat- 
 ter of public grievance to the liberties and security of a subject 
 (citizen), or commands a public convenience, as the repairing 
 of the common streets of a town, an offender against such stat- 
 ute is punishable, not only at the suit of the party aggrieved, 
 
 ■ B. S. 1845, ch. 30, § 163. ' Arch. Cr. PI. 1. = R. S. 1845, ch. 30, § 1. 
 * 2 East. 31. 
 
When it Lies. 3 
 
 but also by way of indictment for his contempt of the statute, 
 unless such method of proceeding by indictment do manifestly 
 appear to he excluded by it." ^ 
 
 It is proper liere 4© explain the words " misprisions " and 
 " misdemeanors'''' used in tlieabov-e quotations. A misprision 
 " properly signifies neglect or contempt ;" but in law is applied 
 moj'e particularly " when one knows of any treason or felony 
 and conceals it. In its larger sense, misprision is used to signify 
 every considerable misdemeanor, which has not a certain name 
 given to it by the law." ^ As to misdemeanors, more must be 
 said. In England crimes are of three classes, " treasons, felonies 
 and misdemeanors." The Criminal Code of Illinois gives only 
 two classes, crimes and misdemeanors, treason being included 
 ■ under the head of crimes.' In England, felony is intermediate 
 between treason and misdemeanors, treason being a higher 
 kind of felony, but felony is distinguishable from both treason 
 and misdemeanor. Treason has for its prominent feature, 
 violation of allegiance, felony sprang from feudal relations, 
 and as its incident carries forfeiture of the offender's property, 
 real or personal, or both. The distinction between felony and 
 misdemeanors is arbitrary, and depends more on the conse- 
 quences following conviction, than from any particular element 
 or ingredient appearing in it ; the consequence of felony has 
 been noticed as being forfeiture of the offender's property, real 
 or personal, or both. The term "misdemeanor" applies to all 
 crimes of an inferior degree, which do not fall under the head 
 of either treason or felonj', and is any oflFense in the scale of 
 crime lower than felony, the line of distinction being, as above 
 stated, arbitrary. The question, whether a particular act is a 
 felony or a misdemeanor, is one for the court to decide ; and 
 the court must, when called on to decide, declare affirmatively 
 ■whether the offense constituted by the acts proved be, in truth, 
 a felony or a misdemeanor.* From the Criminal Code of 
 Illinois, it would seem, that a crime and a felony are synony- 
 mous terms, and that a felony is a crime which, in its conse- 
 quences, is either capital punishment or imprisonment in the 
 State penitentiary ; and that for misdemeanors, except some of 
 
 ' Hawkins' PI. Cr. bk. 3, c. 25, § 4. ' Broom Comm. Com. L. 867, n. (p.) 
 ' R S. 1845, c. 30, ^ 1, and §§ 19, 20, 21. ' Broom Comm. Com. L. 892. 
 
4 Of the Indictment. 
 
 those offenses in the Code termed " high misdemeanors," the 
 punishment is hy imprisonment in the county jail, or a fine, 
 or both. Thus the consequences distinguish between crimes 
 and misdemeanors. 
 
 It frequently happens that there is difficulty to distinguish 
 between indictable offenses and wrongs (torts) remediable by 
 civil action. The case of Rex v. Wheatley^ will be useful to 
 guide in this difficulty. 
 
 The meaning of the word " intentibn " in criminal law is 
 most material. " The intention to do the act exists, for all 
 criminal purposes, where it is willfully done, although the act 
 itself was merely intended as a means of obtaining some ulterior 
 object." This wrong intent is inferred from the overt acts, for 
 it is an universal principle of law, that, " where a man is 
 charged with doing an act of which the probable consequences 
 may be highly injurious, the intention is an inference of law 
 resulting; from doing; the act."^ But. mere intention, however 
 criminal, is not indictable, there must be some overt act done, 
 which, coupled with a willful disposition or culpable negligence, 
 is essential to fill out the legal conception of a crime.' 
 
 Section 3. Where an indictment does not lie. 
 
 An indictment will not lie, we have seen from Hawkins, for 
 a mere private injury against an individual ; such injuries are 
 remediable by civil action, unless they concern the people, or 
 amount to a breach of the peace. Nor will an indictment lie 
 for infringing private rights, though regulated by a public 
 Bta,tute, nor will it lie for mere breach of the by-laws or customs 
 of a corporation.'* ■ 
 
 Section i. Against whom an indictment lies. 
 An indictment lies against all persons who actually commit, 
 or who procure or assist in the commission of crimes, or who 
 knowingly harbor an offender. The capacity of committing 
 crime, presumes an act of the understanding, and an exercise 
 of will. Our Criminal Code says, there must "in the commis- 
 sion of a crime or misdemeanor, be a union or joint operation 
 
 ' 2 Burr. 1135, and Broom Comm, Com. Law, 868. 
 
 ■' Bex V. Dixon, 3 M. & S. 15 ; Broom Comm. Com. L. 874, and caaes cited. 
 
 ' Broom Comm. Com. L. 875. * Arch. Cr. PI. 3, and cases cited. 
 
Against whom it Lies. 5 
 
 of act and intention, or criminal negligence,"' and hence it is 
 that the law defines what persons and actions are privileged or 
 exempted from its penalties, in respect of their incapacities or 
 defects, whether natural, affected, accidental, or in respect of 
 civil subjection ; each of these will be noticed. 
 
 The doctrine of intention has been noticed above; it is men- 
 tioned in the above quotation from the Criminal Code. We may 
 state here, that, under said section 1 of our Criminal Code,, it 
 has been held, that an act apparently lawful becomes unlawful 
 when done with a felonious intent.^ This is the, doctrine of 
 Lord Mansfield.' It has been also held, that an intent which 
 can be excused or justified cannot be felonious, and one fact 
 cannot be conclusive proof of another fact, and that other fact 
 be at the same time capable of disproof.* Our Criminal Code 
 provides, that "intention is manifested by the circumstances 
 connected with the perpetration of the oflense, and the sound 
 mind and discretion of the person accused." * 
 
 Generally speaking, as to persons, those liable to indictment 
 are principals of the first and second degree, that is participators 
 or those aiding and abetting the crime. These are accessories 
 before the fact, and are considered principals.' Accessories 
 after the fact are not considered principals, but are indictable 
 as such accessories after the fact.' As to corporations aggie- 
 gate they maybe indicted by their corporate name, for breaches 
 of duty.' As to soundness of mind our Criminal Code provides 
 that "a person shall be considered of sound mind, who is 
 neither an idiot nor lunatic, nor affected with insanity ; and 
 who hath arrived at the age of fourteen years, or before that 
 age if such person know the distinction between good and evil." ' 
 
 Those exempt from indictment are infants under ten years 
 of age,'° lunatics or insane persons without lucid intervals, pro- 
 vided, the act so charged shall have been committed in the 
 condition of insanity ; '^ idiots are also exempt ; " but, as to these 
 persons, it is provided that any person counseling, advising, or 
 encouraging an infant under ten years of age, a lunatic, or idiot, 
 
 ' B. S. 1845, ch. 30, § 1. " FaMee v. People, 11 111. 1. 
 
 ■ Bex V. Soofield, Cald. 379. * Armstrong v. People, 38 111. 513. 
 
 ' E. S. 1845, ch. 30, § 2. » Id. § 13. ' Id. § 14. 
 
 • Arch. Cr. PI. 4. ' R. S. 1845, ch. 30, § 3. '»Id.§4. "Id. §5. "Id. §6. 
 
6 Of the Indictment. 
 
 to commit any offense, is liable to indictment as principal for 
 such offense, and, if found guilty, punishable the same as if 
 there was no intervention of such infant, lunatic, or idiot.* 
 Married women acting under the threats, command or coercion 
 of their husbands, are not punishable for any crime or misde- 
 meanor not punishable capitally, if it appears from all the facts 
 and circumstances, that violent threats, command or coercion 
 were used ; in such case the husband is treated as principal, 
 and receives the punishment which the wife, if found guilty, 
 would have gotten.* It must be remarked here, that this 
 exemption of the wife does not extend to capital offenses, and 
 further, it does not extend to the wife 'under special circum- 
 stances, as where the husband is a cripple or bedridden,' or 
 where she commits a felony or other crime in the absence of 
 her husband, though by his command.^ 
 
 Drunkenness is no excuse for a crime or misdemeanor, unless 
 the drunkenness be occasioned by the fraud, contrivance or 
 force of some person, or persons, for the purpose of causing such 
 offense to be done ; in that case, the party or parties so causing 
 tlie drunkenness are indictable for such offense as principal or 
 principals. Drunkenness is neither an excuse nor aggravation 
 of the crime. Hence, a drunken man may commit manslaughter, 
 but there must be the same provocation as if perpetrated by a 
 sober man.' Habitual drunkenness, though not an excuse, 
 may induce insanity, which will render the individual affected 
 by it, wholly irresponsible for his acts.* On this subject of 
 drunkenness are several decisions which we cannot notice.' 
 
 Acts committed by misfortune or accident are not criminal, 
 where it satisfactorily appears that there was no evil design, or 
 intention, or culpable negligence.' 
 
 Threats or menaces sufiScient to show danger to life or limb, 
 or where the party had reasonable cause to believe, and did 
 believe, such danger, these being proved, excuse, but the person 
 so threatening is considered principal, and indictable for such 
 offense so committed.' 
 
 ' B. S. 1845, ch. 30, § 7. ' Id. § 8. ' Reg v. Crme, 8 Car. & P. 553. " 
 
 < 1 Hale P. C. 45 ; 'Rex v. Morrm, Rubs. & Ry. 270. 
 
 ' Melntire v. People, 38 111. 514. ' U. S. v. McOlue, 1 Curtis, 1. 
 
 ' Rex V. Thomas, 7 Car. & P. 820 ; and see Broom Comm. 886, 887. 
 
 » E. S. 1845, cli. SO, § 10. • Id. § 11. 
 
The Commencement. 7 
 
 A person becoming a lunatic or insane after the commission 
 oi' the crime, is not to be tried while sneli lunacy or insanity 
 continues. Where, after verdict and before judgment rendered, 
 the party becomes insane or lunatic, if the punishment be 
 capital, execution is stayed until recovery. In these cases the 
 court shall impanel a jury to try the insanity at the time of 
 impaneling.^ 
 
 The case of Reg. v. McNaghten^ is a leading case in the 
 law respecting alleged crimes committed by persons afflicted 
 with insane delusions, and goes far to give a precise and defi- 
 nite rule as to the liability of insane persons to answer an 
 indictment. It may be remarked that in no case does igno- 
 rance of the law excuse. 
 
 Section 5. Form of an indictment. 
 
 An indictment consists of three principal parts, they are — 
 the commencement,' the statement, and the conclusion. 
 
 The caption, though it precedes the commencement of an 
 indictment, is no' part of the indictment ; it is merely the style 
 of the court where the indictment was preferred, and is a kind 
 of preamble to the indictment upon the record.' It has been 
 held, that the caption is not a count, nor a part of a count, 
 and where a motion to quash was sustained as to one count, 
 and overruled as to the other, the caption was not afiected.^ 
 The form of the caption is as follows. When in the Circuit 
 
 Court, it is : " In the Circuit Court of county, of the 
 
 Term, A. D. ." In inferior courts of criminal juris- 
 diction, it is as follows : "In the Superior Court (or Court of 
 
 Common Pleas) of the city of , of the Term, A. D. 
 
 ." Observe, however, that the year is not put in figures, 
 
 but is generally written at length ; but this is not essential. 
 
 (ffl) The Commencement. 
 Our Criminal Code prescribes the form f it is as follows : 
 
 " State of Illinois, ) Of tlie Term of the Circuit Court, 
 
 County. j ' in the year of our Lord 18 — . 
 
 " The grand jurors chosen, selected and sworn, in and for 
 
 the county of -, in the name, and by the authority of the 
 
 ' E. S. 1845, ch. 30, § 13. » 10 CI. & Fin. 300, and see Arch. Cr. PI. 14, 15. 
 ' Arch. Cr. PI. 19. * Duncan v. People, 1 Scam. 456. ' E. S. 1845, cli. 30, § 163. 
 
8 Of the Indictment. 
 
 people of the State of Illinois, upon their oaths present." As 
 the English books of precedents are much used here, the usual 
 commencement there is given, as follows, for example : " Mid- 
 dlesex, to wit, the jurors for our lady the Queen, upon their 
 oaths present, that," etc. 
 
 As to the commencement, there are certain essentials, which 
 it must contain under our Criminal Code. — It must be averred 
 to be the year of our Lord.^ — It must contain the words : " In 
 the name, and by the authority, of the ' people of the State of 
 Illinois."^ It must show a presentment on oath.* The omis- 
 sion to state this is not fatal ; it has been held to be matter of 
 form only, and. cannot be assigned for error.^ 
 
 It must appear from the commencement, that the grand 
 jurors were of. the county where the indictment was found; 
 this is shown by the words " of the county aforesaid." It has 
 been held, that, whei'e there are two counts in an indictment, 
 and the first count is stricken out, the commencement which 
 recites the choosing, selecting add swearing of the grand jury, 
 according to the forms of law, still remains, and the second 
 count, though incomplete in itself, will relate to the original 
 commencement, and be sustained.* 
 
 The venue in the margin is important ; the general rule is, 
 that the venue should be the county in which the ofiiense was 
 committed." It should be co-extensive with the jurisdiction 
 of the court — that is, it should be descriptive of the limit of 
 the jurisdiction of the court, and the offense must have been 
 committed within that limit. So, as the limit of jurisdiction 
 of the Circuit Court is the county, the ven,ue in that court is 
 
 laid thus : " State of Illinois, county," thus embracing the 
 
 whole county. In an inferior court of criminal jurisdiction, 
 for example the Recorder's Court of the city of Chicago, the 
 venue should be laid thus : " State of Illinois, Cook county. 
 City of Chicago." The city of Chicago being the territorial 
 limit of the jurisdiction of that court, the above defines that 
 limit. 
 
 The indictment can only be found in the county in which the 
 
 ' Whitesides v. People, Bre. 4. ' Id. " Duncan v. People, 1 Scam. 456. 
 
 * Curtis V. People, Bre. 197. 
 
 ' WTiitesides v. People, Bre. 4. ' 2 Hale P. C. 160. 
 
Tre Statement, 9 
 
 offense was committed; and the trial must be liad in tlie same 
 county, unless the venue be changed, as required by statute. 
 
 In courts whose jurisdiction is limited by the city boundaries, 
 as the Recorder's Court of Chicago, no indictment can be found, 
 or trial had, unless the offense was committed within the city. 
 
 Upon complaint made before a justice of the peace, in any 
 county, that an offense has been committed in this State, etc., the 
 judge or justice shall issue his warrant, etc., and on examina- 
 tion, commit the offender to jail, or take bail conditioned for 
 the appearance of the accused before the Circuit Court of the 
 county in which the offense was committed, on the first day of 
 the next term thereafter. 
 
 Upon the finding of an indictment, capias may be issued to 
 any county. 
 
 (5) The Statement. 
 
 This part of the indictment commences with the word " that " 
 immediately after the closing word of the commencement 
 " present." This is the part of the indictment referred to in sec- 
 tion 162 of our Code in these words : " (here insert the offense, 
 and time and place of committing the same, with" reasonable cer- 
 tainty.)" It is that part referred to by same section, thus : 
 " Every indictment or accusation of the grand jury shall be 
 deemed sufiiciently technical and correct, which states the offense 
 in the terms and language of this Code, or so plainly that the 
 nature of the offense may be easily understood by the jury."' 
 
 In this part of the indictment, the essential requisites are, 
 that all the ingredients of the offense with which the accused 
 is charged, ihe facts and circumstances, and intent, constituting 
 it, must be set forth, with certainty and precision, without any 
 repugnancy or inconsistency, and the defendant must be charged 
 directly &nA positively with having committed it. Certainty is 
 therefore important. It must ie certain as to the party indicted. 
 The fullnanie of the accused must be given. In England this 
 rule applies to the baptismal and confirmation names : this 
 arises from an established State church, and there, as to these 
 names, great accuracy is required. In this country this rule 
 does not apply, there being no State church, yet if the baptis- 
 mal name be known it must be stated, if he goes by that name. 
 
 ' E. S. 1845, ch. 30, § 162. ~ " 
 
 I 2 
 
10 Of the Indictment. 
 
 The rule here is, the usual name he is known by will suffice. 
 Initials are not. sufficient, but if the defendant uses initials for 
 his christian or given name, he may be so indicated. The 
 christian and surname must be given ; the middle name may be 
 omitted ; if given when denied by plea in abatement, it must 
 be proved as given ; the failure so to prove is fatal. As to 
 alias dictus, the rule as to the christian name is, that he can 
 have but one christian name, he cannot be named John alias 
 James,' he may be named John James, which is one name. 
 An alias dictus as to the surname may be had, as " Kichard 
 "Wilson, otherwise called Richard Layer."* If the name be 
 unknown, and the accused refuses to disclose it, he may be 
 indicted as a person whose name is to the grand jurors un- 
 known. Our Criminal Code dispenses with the addition — 
 that is, the " estate or degree, or mystery " of the accused.' The 
 omission of the place of residence of the accused is not ground 
 to quash the indictment ; if it is known, he may be described 
 of it, according to the truth ; if unknown, it is usual to describe 
 him of any place in the county where the offense is committed. 
 The addition of " the younger " or " elder," to his name, for 
 purpose of clearer identification, is correct.'* If the defendant 
 plead over, he waives all objections on the above matters. 
 
 The statement must he certain as to the person against whom 
 the offense was committed. The christian and surname must 
 be given, if known ; it must be either the real name, or that by 
 which he is usually known." Initials are not sufficient, and in 
 larceny, this is good in arrest of judgment." In stealing the 
 property of a deceased person, after death, the indictment must 
 state it to be the goods and chattels pf the executor or admin- 
 istrator.' The certainty required is that to a common intent 
 only, and the usual name is sufficient ; where they are partners, 
 the partnership name need not be stated.' 
 
 The statement must ie certain as to time and place. 
 These are usually alleged thus: " That J. S., of , etc., on 
 
 ' Hale PI. Cr. 175. = Arch. Cr. PI. 28. ' R. S. 1845, cli. 30, § 163. " 
 
 * 3 Hawk. ch. 33, § 106. ' Rex v. Norton, R. & R. 510. 
 
 • Willis V. The People, 1 Scam. 400. ' Arcli. Cr. PI. 33. 
 ' DwrTiam v. The People, 4 Scam. 173. 
 
TsE Statement. 11 
 
 tlie day of , in the year of our Lord , at C, ia 
 
 the county of C." or, "in the county aforesaid." The place is 
 sometimes called the special vemie. Time and place must be 
 added to every material fact in an indictment ; that is, every 
 material fact in an indictment must be alleged to have been 
 done on a particular day, and at a particular place. As to 
 what are material facts, we may remark, that every offense 
 consists of the doing, or omitting to do, certain acts, under 
 certain circumstances, and each of these, being necessary ingre- 
 dients in the offense, is material and must be stated. This 
 remark applies to misdemeanors as well as to felonies ; but 
 mere circumstances accompanying these acts, need not be laid 
 with time and place ; for instance, in bigamy, in a,verring the 
 first wife was alive at the time of the second marriage, it is not 
 necessary to allege a place where, though from the nature of , 
 the offense, the time must necessarily be stated. The time laid 
 should be the day of the month and year on which the act is 
 supposed to have been committed; a day certain must be 
 stated ; the year must also be stated, and it must be the year 
 of our Lord, or it is error ; ^ the hour need not be stated unless 
 the statute require it. After the first statement, the words 
 " then " and " there " indicate time and place. The time 
 averred may be any day previous to finding the bill, but within 
 the time the offense may be prosecuted.^ " Then " and " there " 
 is good if only one time be given, but where two are given, it 
 is defective for uncertainty ; there must, in that case, be clear 
 reference to the respective times." In murder, the death should 
 be laid on a day^ within a year and a day from the time the 
 mortal stroke is supposed to have been given.'* 
 
 The statement must he certain as to the facts, circumstances 
 and intent, constituting the offense. Our Criminal Code, section 
 162, prescribes v?hat shall in an ■ indictment be deemed suffi- 
 ciently correct and technical. The offense must be stated so as 
 to be made judicially to appear ; * it must be technically exact 
 as to sex. A conclusion of law is not enough to charge an 
 offense ; the indictment must charge the specific oflense, so as 
 not to leave it uncertain ; if it state it to be murder, or cause 
 
 ' WhUesides v. The People, Bre. 4. ' Whart. § 361. ' Id. § 373. 
 * Arch. Cr. PI. 41. ° Connolly v. People; 3 Scam. 474. 
 
12 Of the Indictment. 
 
 to be murdered, it is bad, because in the disjunctive, it sliould 
 have been in the conjunctive.' Wlien an instrument is set 
 out in full, literal exactness is required, the pleader should be 
 careful to use the words " according to the tenor following," 
 or, "of the tenor following," or, "in the words and figures 
 following," these phrases imply that a correct recital is neces- 
 sary ; on the other hand, when the substance only is intended 
 to be given, the pleader should use the words " in substance as 
 follows," or " to the effect following." The word " tenor " 
 implies correctness. "Money" will not cover bank notes, nor 
 promissory notes, nor treasury warrants. When pleading a 
 statutable offense, the best mode is to use the words of the 
 statute,^ and the statutory language must be followed ; verbal 
 or grammatical inaccuracies not affecting the sense are not 
 fatal. The word " feloniously " is essential to all indictments 
 for felony, but the words " with force and arms " are not neces- 
 sary. 
 
 It has been stated above, that there must be a specific des- 
 cription of the offense; a general cliarge of commission of 
 crime will not suffice, as, that he murdered J. S., or stole the 
 goods of J. N. ; all the facts and circumstances constituting 
 the offense must appear, so that the indictment on its face 
 shall show a distinct substantive offense. A man cannot be 
 charged as a common theif, but if he have committed a lar- 
 ceny the indictment must set forth every fact and circumstance 
 which is a necessary ingredient in the offense. The case of a 
 " common barrator " is an exception to the general rule. The 
 omission of any fact or circumstance which is a necessary 
 ingredient in the offense, vitiates the indictment, and jnay be 
 availed of by the accused in arrest of judgment, or writ of 
 error. Thus, an indictment for assaulting an officer in the 
 execution of process, without showing he was an officer of 
 the court out of which the process issued, is bad.^ 
 
 Every fact and circumstance in an indictment, not a necessary 
 ingredient, may be rejected as a superfluous averment and 
 need not be proved.* All these facts and circumstances 
 must be stated with such certainty and precision, that the 
 
 ' Whart. § 294. ' MUler v. People, 2 Scam. 233 ,•■ Quiglei/ v. People, id. 201 ; 
 Jones y. People, id. 4:77 . » Arch. Cr. PL 43. *I)ur?iam v. People, 4: Scam. 172. 
 
The Statesient. 13 
 
 accused may be able to judge whether they constitute an 
 oflFense, so that lie may plead, and that there be no doxibt as to 
 the judgment, if convicted.' Where all the allegations can be 
 admitted without necessarily showing the accused to be guilty, 
 it is bad.^ The certainty required is " reasonable " or common 
 certainty ; ' yet certainty to a certain intent, where attainable, 
 will not be dispensed with.* Nothing can be inferred.* Mere 
 matter of inducement does not require so much certainty as 
 the statement of the gist of the offense; where the offense 
 canriot be , stated with complete certainty, state with such 
 certainty as it is capable. In larceny the prosecutor is bound 
 by the description of the species of goods he states. Money is 
 described as so many pieces of current gold or silver coin. 
 The species of coin must be specified.* 
 
 The technical words essential to the offense must be stated ; 
 as in perjury " willful and corrupt," " willfully and maliciously" 
 in arson, " steal, take and carry away " in larceny.^ The. inten- 
 tion of the offender, at the time of committing the offense, is 
 often a necesssary ingredient of the offense ; in such cases, it is- 
 necessary to state that intention. Where the intent is charged 
 as felonious, the indictment need not aver that the act was 
 felonious.' The law in some cases has given certain technical 
 expressions to indicate the intention ; in such cases, the techni- 
 cal word and words presented, and no other, must be used, as 
 " traitorously " expresses the intent in treason, " feloniously"' 
 in all felonies. Burglary is expressed by "willfully and 
 maliciously." Murder by " feloniously of his {or her) malice 
 aforethought." The word " feloniously," where the offense is. 
 made felony by the statute, and with intent to defraud, etc. 
 
 If there be an exception contained in the same clause of the 
 statute which creates the offense, the indictment must show- 
 negatively, or the subject of the indictment, that the accused! 
 does not come within the exception ; ' but if the exception be 
 in a subsequent clause, it is matter of defense, and need not be 
 
 • Arch. Cr. PI. 43. ' Cmtrd v. People, 3 Gilm. 356. 
 ' Crim. Code, § 163 ; WhiUMei v. People, Bre. 4. 
 
 • Willi) V. People, 1 Scam. 399. 'Bre. 4. ' Arch. Cr. PI. '. 
 ' 4 Bl. Com. 395. . ' Fairlee v. Ihe People, 14 111. 1. 
 
 • Lequot V. Tlu. People, 11 111. 330. 
 
14 Of the Indictment. 
 
 negatived in the indictment ; ' or, although in the same section, 
 yet if it be not incorporated with the enacting clause by any 
 words of reference,^ it is then matter of defense, and need not 
 be negatived in the indictment. 
 
 The indictment must be in words at length ; no figures are 
 allowed, except,where i.fao simile of an instrument is to be set 
 out, as was formerly the case in forgery. It must be in English ; 
 if a document be in a foreign language, set it out in that 
 language, and then set out a translation ; yet this latter ia 
 needless, and is often dangerous. 
 
 Duplicity. — The statement 7nust not he double. It cannot 
 charge two or more offenses in one count, as where a supervisor 
 was charged in one count, that he failed to open a road, and to 
 put up guide boards, there should be two distinct counts, the 
 offenses being distinct.' Burglary may be charged in one 
 count, with intent to steal, or commit other felony, and in an- 
 other count the commission of the larceny or other felony. The 
 burglary and other felony must be parts of one transaction. 
 An assault with intent to murder, and with intent to commit 
 a bodily injury may be charged in same indictment, but must 
 be separate counts. Duplicity is best met on motion to quash ; 
 it is very doubtful whether it can be made s abject of motion in 
 arrest of judgment or writ of error. 
 
 The statement must he positive / this has been noticed before ; 
 it must directly affirm that the accused committed the act, it 
 cannot be stated by recital, as " that whereas." Argument or 
 inference are fatal ; * this rule applies to the inducement, though 
 in one case the contrary was held.* A defect in this particular 
 is not cured by verdict ; hence motion in arrest of judgnient, or 
 for writ of error, will lie.° 
 
 Repugncmcy. — The statement must not he repugnant. "Where 
 a material part of the indictment is repugnant to another, the 
 whole is void ; as where it is alleged that the defendant forged 
 a bond, by which J. S. was bound. If the repugnancy be im- 
 material, it may in general be rejected as surplusage, especially 
 after verdict. It is a general rule, that an allegation in plead- 
 
 • Arch. Cr. PI. 52. " Steel v. Bmith, 1 B. & AH. 94. 
 
 • Leqmt v. Tlie People, 11 111. 330. • Whitedde v. Pe&ple, Bre. 4. 
 » Bex V. Ooddwrd, 3 Salk. 171. ' Arch. Cr. PI. 54. 
 
TsE Statement. 15 
 
 ing, which is sensible . and consistent in the place where it 
 occurs, and not repugnant to antecedent matter, cannot be 
 rejected as surplusage, though laid under a vidileoet, however, 
 inconsistent it maybe with an allegation subsequent.^ If seems 
 that an indictment would be good, if it called a contract by the 
 wrong name, and set it forth verbatim.^ 
 
 Sow averments are made. — The usual way is, especially in 
 England, "And t/ie jurors aforesaid, upon their oatks aforesaid, 
 do further present." Or if connected with that immediately 
 preceding, simply, " and that, etc.," then state the matter of 
 the averment ; where it is a mere adjunct it need not be 
 technically stated, thus — "that A being an officer, etc.," suffi- 
 ciently avers that A was an officer. " That A, knowing that 
 B was indicted for forgery, concealed a witness against him," 
 is a sufficient averment that B was indicted; so, where an 
 indictment for perjury stated, that, " at and upon the hearing 
 of the said complaint " " the defendant deposed," etc., it was 
 ■ held sufficient to show, that the complaint was heard.' Aver- 
 ments are made under our Criminal Code as stated below. 
 
 "Where an offense is created by the statute, it is sufficient to 
 charge same in the words of the statute,* the indictment should 
 show a violation of law, and enable the accused to meet the charge; 
 mere specification might furnish a means of evading the law.' 
 
 The commencement of a second or any subsequent coimt, is 
 in form as follows, in England : "And the jurors aforesaid, 
 upon their oaths aforesaid, do further present, that," etc., and so 
 proceed to state the offense. It has been held, that where the 
 second count in an indictment, the^ra^ having been quashed, 
 because it did not state the presentment to be on oath, recited 
 that "the grand jurors aforesaid, chosen, selected and sworn as 
 aforesaid, in the name and by the authority of the people of 
 the State of Illinois, aforesaid, on their oaths aforesaid, do 
 further present," — the count is sufficient ; the use of the word 
 " aforesaid " does not vitiate.* This is the form generally used 
 in Illinois in making averments, and commencing the second 
 and subsequent counts. 
 
 ' Bex V. Stemns, 5 East, 244. " Bland v. People, 3 Scam. 364. 
 
 ' Arch. Cr. PI. 53. ■* Miller v. People, 2 Scam. 233. 
 
 ' Canrhady v. People, 17 111. 158. ° Duncan v. People, 1 Seam. 456. 
 
16 Oj? the Indictment. 
 
 (o) Conclusion. 
 
 The Constitution of the State of Illinois provides, that all 
 prosecutions shall conclude " against the peace and dignity of 
 the people of the State of Illinois." * Hence, every indictment 
 must so conclude. There are other conclusions which may 
 also be used, as indictments for nuisances usually conclude 
 thus — "to the great damage and common nuisance of all the 
 citizens of said State ; " this conclusion, though usual, is not 
 essential. In cases of non-feasance the only conclusion is that 
 of contra pftcem, given above. For an offense created by 
 statute, the conclusion is as follows : "Against the form of the 
 statute iq such case made and provided." Then follows the 
 conclusion, contra pacem. This rule applies not only where 
 the statute creates the offense, but also where it makes a com- 
 mon law offense, to be one of a higher grade. Indictments for 
 murder, manslaughter, robbery, burglary, housebreaking, steal- 
 ing in a dwelling-house and the like, should conclude against 
 the statute. The omission to conclude against the form of the 
 statute, etc., where it is requii'ed, is error. Where an indict- 
 ment should conclude " contrapacem " only, and it also con- 
 clude against the statute, the latter will be deemed surplusage 
 only. It is perhaps needless to remark, that an indictment 
 concluding contrary to the statute, will not supply that of 
 contra pacem, the latter is essential and cannot be aided or 
 supplied by any other conclusion. 
 
 Section 6. Joinder of defendants. 
 
 Where several persons join in the commission of an offense, 
 all, or any number of them, may be jointly indicted for it, or 
 they may be severally convicted. So, in robbery, burglary, or 
 murder." And though they have acted separately, yet if the 
 grievance is the result of the acts of all jointly, all may be 
 indicted jointly. Acting in concert in obtaining money by 
 false pretenses, holds all to liability to indictment jointly. 
 Principal and accessaries before the fact, are all principals, and 
 may be indicted jointly, and it seems that an accessory after 
 the fact may not be joined with them, or the principal may be 
 
 ' Const. 1848, art. 5, § 26 ; Zuriseller v. People, 17 111. 104. 
 = Hale PI. Cr. 173 ; Baxter v. People, 3 Gilm. 883 ; Brannan v. People, 15 
 n. 511. 
 
Limitation. 17 
 
 indicted first, and the accessory after, or before the conviction 
 of the principal for a substantive oifense.* The misjoinder of 
 defendants is not good ground for quashing the indictment.* 
 
 Section 7. Joinder of several offenses in different counts 
 in one indictment. 
 
 It has been shown that joinder of two different offenses in 
 one count is bad for duplicity; charging different offenses in 
 different counts is a different consideration. In treason, there 
 may be different counts charging different overt acts. A de- 
 fendant ought not to be charged with different felonies in dif- 
 ferent counts ; as for instance, for murder in one count, burglary 
 in the house of A in another count. If the objection be raised 
 before plea, the court may quash the indictment, or, if not 
 discovered until after the jury is charged, the court may put 
 the prosecutor to his election, but in arrest of judgment it is 
 no objection.* The application for a prosecutor to elect, is one 
 to the discretion of the court. A count charging prisoners as 
 principals in larceny, and another in same indictment charging 
 them as receivers of stolen goods, is bad. A defendant may 
 be charged as an accessory before the fact as principal in one 
 count, and as an accessory after the fact in another, to the 
 same felony, without putting the prosecutor to his election. 
 The same felony may be charged in different counts in different 
 ways, and separate offenses of the same nature may be joined 
 ae;ainst same defendant.^ 
 
 ^o 
 
 Section 8. Within what time the indictment must he found. 
 This is the subject of division 17 of our Criminal Code. 
 In this work, the limitation as to every offense is given. A 
 synopsis of that division may be useful : 
 
 1. Treason, arson, murder and forgery have no limit. 
 
 2. All other felonies, must have the indictment found within 
 three years next after the offense committed. 
 
 3. Misdemeanors and offenses below felony — fines and for- 
 feitures under any penal statute, the limit is eighteen months 
 from the commission of the offense, or incurring the forfeiture. 
 
 » Arch. Cr. PI. 58. ' Id. ' O'Conndl v. Beg., 11 Cla. & Fin. 155. 
 • CurMs V. People, Bre. 200. 
 3 
 
18 Of the Indictment. 
 
 The provisos are : 1. The limitation does not extend to any 
 person fleeing -from justice. 2. Special statutes giving special 
 limitations are favored. 3. Quashing a proceeding on writ of 
 error, the time pending such quashing or writ of error is not 
 reckoned, so as to bar a new indictment, information or suit 
 for the same oflense. 
 
 In larceny, where' the stolen goods do not exceed $20 in 
 value, all indictments are barred after seven years from find- 
 ing the indictment.* 
 
 There are several offenses in - our Criminal Code deemed 
 " high misdemeanors," such of them as have a penalty of con- 
 finement in the penitentiary are, it would seem, of three years' 
 limitation; those where fine or imprisonment in the county, 
 jail is the penalty, are of eighteen months' limitation — to the 
 former belong sections 43 and 59, E. S. 1845, ch. 30, also Laws 
 of 1867, page 89, section 1. Abortion by instruments. To 
 the latter class belongs section 52, R. S. 1845, ch. 30, also 
 Laws of 1861, page 270, section 1. Throwing dead animals 
 into watecrourses, etc. 
 
 Section 9. JSow an indictment is found. 
 
 It has been stated that the indictment is a written accusation 
 . of a crime preferred to, and presented, that is found upon oath 
 by a grand jury. The grand jury having been duly nominated 
 and summoned, are on the opening of the com't on the first day 
 of term impaneled ; the full number is twenty-three, but 
 sixteen form a quorum, and are competent to act if such 
 quorum be present ; they are then sworn and charged on their 
 duties by the court or State's attorney, a foreman is appointed 
 by the court, and the grand jury thereupon proceed to consider 
 presentments, having appointed one of their body as clerk. 
 
 The indictment or rather the accusation may be preferred 
 by the State's attorney, any person aggrieved, or by a grand 
 juror. The grand jury may, on being informed of the offense, 
 proceed to take testimony, and this when taken, with a list of 
 the witnesses' names, are handed to the State's attorney, who 
 prepares the necessary indictment, and presents it to the fore- 
 man for final approval and indorsement — or the State's attor- 
 
 ' Laws, 1859, p. 126. 
 
Sow IT IS Found. ]9 
 
 ney may prepare it, indorse the witnesses' names thereon and 
 present it to the foreman ; the witnesses are called in the order 
 of their names as indorsed, who are sworn or affirmed by thos 
 foreman, and examined by the grand juryj but witnesses for 
 the prosecution only ai-e called ;• the grand jury have power to 
 compel the attendance of witnesses. The grand jury then con- 
 sider the case, if satisfied by good and sufficient evidence (one 
 witness being sufficient, except in treason and perjury, where 
 two are required,) that a crime or misdemeanor has been com- 
 mitted, and a quorum of the grand jury, that is sixteen being 
 present, and if twelve of them concur, the bill is found a " true 
 hilV If twelve do not concur, sixteen being present, it is 
 " not a true hill." The foreman in the former case indorses on 
 the back of the indictment " a true bill," and in the latter case 
 " not a true bill ;" he also indorses on the former the witnesses' 
 names, and at foot of the indorsement signs his name as fore- 
 man, and in like manner the latter. 
 
 A bill may be presented to the grand jury on the information 
 of two grand jurors, except in treason or perjury, when at least 
 two witnesses to the same fact are necessary. In this case six- 
 teen jurors must be present, and twelve of them must concur 
 to find the bill ; ^ where the charge is preferred by two grand 
 jurors, if one of them give the evidence and was sworn as a 
 witness, and the evidence be sufficient, the indictment may be 
 found thereon, as in case of evidence by another witness not of 
 the grand jury ; as to this kind of indictment, the rule as to 
 indorsement obtains, and the indorsement by the foreman above 
 stated is essential. 
 
 This indorsement is essential to every indictment ; it has been 
 held, that an indictment is a nullity, unless indorsed " a true 
 bill," and it be signed by the foreman.' This indorsement and 
 signature, it has been held, are the evidence of the finding of 
 the jury ; without them, the court should never permit an 
 indictment to be entered on the record as a true bill, but the 
 name of the foreman need not be copied into the record.* The 
 names of the witnesses must be indorsed on the indictment. It 
 seems that the words " a true bill " may be printed, but at 
 
 ■ R. S. 1845, ch. 30, § 187. ' E. S. 1845, ch. 30, § 187. 
 
 ' Nomaque v. People, Bre. 109. * Gardner v. People, 3 Scam. 83. 
 
20 Of the Indictment. 
 
 foot, the foreman must sign his name as foreman, or it is a 
 nullity. 
 
 It is provided, that no bill of indictment for false imprison- 
 ment, or willful or malicious mischief, shall be found "a true 
 bill " unless a prosecutor be indorsed thereon by the foreman 
 of the grand jury, with consent of the prosecutor, except such 
 indictment be found on the information and knowledge of two 
 or more of the grand jury, or on the information of some pub- 
 lic officer in the necessary discharge of his office ; in which case, 
 it shall be stated at the end of the indictment how the same 
 was found, and then no prosecutor shall be required.^ In stat- 
 ing the name of the prosecutor, his usual name is sufficient, 
 without stating his residence or addition ; certainty to a com- 
 mon intent only is required in this respect.^ 
 
 When the indictment is thus found indorsed, whether as a 
 true bill or not a true bill, and in the former case the State's 
 attorney having signed the. indictment at foot, it must be pre- 
 sented to the court. The foreman accompanied by the grand 
 jury, comes into court, the court judicially sitting in ojpen 
 court. The clerk of the court calls their names ; if sixteen 
 be present, the court inquires if the grand jury have any pre- 
 sentments. The foreman then presents the indictment, or such 
 indictments as have been passed upon, to the court, whether 
 they be tnte Mils or not true Mils. The court enters them — 
 that is, the true bills — on the record, and fixes the amount of 
 bail, in bailable cases, stating it on the record. It is the duty 
 of the clerk of the court to docket and file them. The record 
 of the court must show the fact, that the grand jury returned 
 the indictment into open court, as a " true bill," though the 
 indictment itself be indorsed " a true bill," and though the 
 foreman's name be indorsed thereon.' It is error to put the 
 defendant on his trial on an indictment, unless it is so returned 
 in open court, and the only evidence of the fact must be found 
 in the record itself of the case ; the indorsement on the back 
 of the indictment is not evidence.* 
 
 "We have seen, that the grand jury can only hear evidence 
 for the prosecution, but they may require the same evidence, 
 
 ' E. S. 1845, ch. 30, § 179. ' Oa/rdner v. The People, 3 Scam. 85. ' Id. 
 * &ardnery. The People, 20 111. 432. 
 
WsEN^ Quashed. 21 
 
 written or parol, as may be necessary to support the indictment 
 at the trial. Generally the grand jury is not very strict as to 
 documents, yet, it is better to have ready the same evidence 
 intended to be used at the trial. The grand jury being at 
 liberty to find the indictment on their own knowledge, an 
 improper mode of swearing the witnesses before the grand jury 
 will not vitiate the indictment. 
 
 It may be proper to state, that if an indictment be thrown 
 out, it can be again preferred to the same grand jury, during 
 the same term, it may be preferred and found at the next term, 
 by another grand jury, if no time be limited for preferring it, 
 or if the time limited has not elapsed. 
 
 Section 10. When an indictment will he quashed. 
 
 The proper time for motions to quash an indictment is before 
 trial.* In former parts of this chapter, several special grounds 
 for quashing an indictment are stated ; in addition, we may 
 state, that where the indictment is so defective, that no judg- 
 ment can be given on it, even should the defendant be con- 
 victed, the court will, on application, quash it. So also, where 
 all the allegations can be admitted without necessarily showing 
 the defendant to be guilty, it is bad, and will be quashed.^ 
 There are several cases where indictments have been quashed, 
 because the facts stated did not amount to an offense punish- 
 able by law f for instance, where an indictment for contemptu- 
 ous words spoken to a justice of the peace, did not state that 
 they were spoken to him while executing his office.* 
 
 Where the alleged defect was, that the indictment did not 
 conclude contra formam statuti, the court refused to quash." 
 The court will quash an indictment, where the recovery can 
 only be had on a statutory offense, and there is no statute 
 creating the offense, if it concludes contrary to the statute." 
 If any of the words used in the statute to characterize the 
 offense are omitted, it is good ground to quash. 
 
 • B. S. 1845. ch. 30, § 163 ; Curtis v. People, Bre. 197. 
 » CantriM v. People, 8 Gilm. 356. " Arch. Cr. PI. 64. 
 
 • Bex V. Leafe, Andr. 326. * Bex v. Brotherton, 1 Stra. 703. 
 
 • Town ofPwm v. People, 37 111. 75. 
 
22 Of Befei^dant^ s Pleas. 
 
 Section 11. Indictment, when cmd where tried. 
 Felonies are generally tried at the same term as the indict- 
 ment is preferred, and found by the grand jury, if the defend- 
 ant be in custody, or on bail. The prosecution may have it 
 postponed to the next term ; so may the defendant, on siifficient 
 cause shown by affidavit, as the absence of a material witness, 
 or a prejudice on part of the judge, jury, or the like, when a 
 change of the venue for trial is ordered.* When such applica- 
 tion is made by the defendant the court remands him to custody, 
 if the offense is not bailable; when bailable, he is admitted to 
 bail. Misdemeanors-follow the same course. Felonies and mis- 
 demeanors are tried within the jurisdiction where the offense is 
 committed, or in which the statute lays the venue, and before 
 the court in which the indictment is preferred — this is the 
 general rule.^ "Where, by order of the court, the venue for trial 
 is changed, the offense is tried in the county to which it is 
 changed, and by the Circuit Court of such latter county. 
 
 CHAPTEE II. Of Defendant's Pleas. 
 
 Section 227, Criminal Code, Revised Statutes, 1845, pro- 
 vides, that, " Upon the arraignment of a prisoner, it shall be 
 sufficient, without complying with any other form, to declare, 
 orally, by himself or herself, or his or her counsel, that he or 
 she is not guilty; which declaration or plea shall be imme- 
 diately entered upon the minutes of the court by the clerk, and 
 the mention of the arraignment and plea shall constitute the 
 issue between the people of the State and the prisoner." Under 
 this plea of " not guilty," the prosecution is required to prove 
 all the material allegations in the indictment to authorize a 
 verdict of guilty ; also, the defendant under this plea may give 
 in evidence any matter of excuse or justification, or any other 
 new matter that would show him not guilty, as .self-defense, 
 insanity, former trial. A special plea in bar is not necessary. 
 However, it appears that special pleas in bar may be pleaded. 
 
 ' Arch. Cr. PI. 96. » Id. 68. 
 
PRosMcuTiNa Officers, etc. 23 
 
 The usual pleas of the defendant are, in order : 1. Plea to 
 the jurisdiction. 2. In abatement. 3. Demurrer. 4. Special 
 plea in bar. 5. Autrefois acquit. 6. Autrefois convict. 
 
 1. The plea to the jurisdiction is seldom used, because it can 
 be taken advantage of under the general issue of " not guilty." 
 It must be certain in every particular. 
 
 2. Pleas in abatement ; these are, misnomer, etc. Their 
 danger has been noticed.. ' 
 
 3. Demurrer. This pleading is seldom used, because the 
 same advantage can be had under " not guilty," or in arrest of 
 judgment or motion to quash. 
 
 4. Special pleas in bar. These seldom occur in practice, as 
 all matters of excuse and justification may be given in evidence 
 under the general issue. ' 
 
 5. Autrefois acquit, and 6, Autrefois convict, are used. The 
 principle on which they depend is, that no man can be put in 
 jeopardy twice for the same offense. 
 
 Should the defendant stand mute or refuse to plead, a plea 
 of " not guilty " is entered by the court,* and the trial proceeds. 
 
 CHAPTER III. Of Peosecuting Officees, and Infeeioe 
 
 CoiTETS OF CeIMINAL jTrEISDICTIOIT. 
 
 The prosecuting officers of this State are, the attorney-gen- 
 eral. State's attorneys and prosecuting attorneys of inferior 
 courts. Other counsel may aid at the trial. 
 
 The duties of the attorney-general are prescribed by the act 
 creating the office f those of State's attorneys are generally 
 prescribed by the Eevised Statutes of 1845 f those of prosecut- 
 ing attorneys of inferior courts are prescribed by the several 
 statutes creating those courts ; these inferior courts are entirely 
 distinct from'other municipal courts created by the special 
 charter of the town or city. 
 
 These inferior courts of criminal jurisdiction are : 
 
 • E. S. 1845, cli. 30, § 183. ' LaW% 1867, p. 46. ' R. S. 1843, ch. 13, §§ 4, 5. 
 
24 Of Criminal Jurisdiction. 
 
 1. The Superior Court of Chicago, which displaced the Cook 
 County Court.^ 
 
 2. The Eecorder's Court of the city of Chicago.^ 
 
 3. The Eecorder's Court of the city of Peru.' 
 
 4. The Court of Common Pleas of the city of Elgin.* 
 6. The Court of Common Pleas of the city of Aurora.^ 
 
 6. The Alton City Court.* 
 
 7. Court of Common Pleas of the city of Amboy.' 
 
 8. Court of Common Pleas of the city of Sparta.' 
 
 9. Eocorder's Court in the city of El Pasco.' 
 
 The Constitution of 1848 provides, that these inferior courts 
 shall have uniform organization and jurisdiction in such cities."* 
 This has been considered to mean, that -where more than one 
 such CQurt is in a city, as in Chicago, their organization and 
 jurisdiction must be the same. 
 
 CHAPTEE lY. Of Criminal Jueisdiction. 
 
 Under the Constitution of 1848, the judicial power of the 
 State is vested in — First, the Supreme Court; second, in Cir- 
 cuit Courts ; third, in County Courts; fourth, in justices of the 
 peace ; fifth, in inferior courts of local, civil and criminal juris- 
 diction." 
 
 Of these courts and ofiicers, the Supreme Court has, in crimi- 
 nal cases, appellate jurisdiction only, as to them it has no original 
 jurisdiction.*^ The Circuit Courts are the chief, indeed, the 
 only, tribunals having full original criminal jurisdiction in their 
 respective counties, each county having such court. The cir- 
 cuit judge in criminal matters exercises the powers granted to 
 the judges of assizes in England, under their commissions — 
 First, of oyer and terminer^ which gives power to deal with 
 treasons, murders and all felonies and misdemeanors, not specially 
 
 ' Laws 1859, p. 84. nd. 1853, p. 147. ■ Id. 1865, p. 43. * Id. 1857, p. 173. 
 ' Id. 1859, p. 375. ' Id. p. 71. ' Id. 1869, p. 111. ' Id. 120. 
 » Id. 125, Chicago Legal News Edition. " Const. 1848, art. 5, § 1. " Id. 
 " Id. art. 5, § 5. 
 
Frbliminary Hatters. 25 
 
 conferred by statute on justices of tlie peace, as are common 
 assaults and batteries ; second, of jail delivery, this authorizes 
 the trying unconvicted persons in jail. These commissions 
 are regularly issued in England, but are not so here ; our 
 statute confers that power as to oyer and terminer, ^ and also 
 Sisto jail delivery.^ The Circuit Court has appellate jurisdic- 
 tion of decisions of justices of the peace, and also of corpora- 
 tions for breaches of ordinances. Justices of the 'peace, as con- 
 servators of the peace, have jurisdiction of breaches of the peace, 
 of preliminary examination of felonies and misdemeanors, and 
 have sole jurisdiction, subject to appeal to the Circuit Court, of 
 such offenses as are by statute specially conferred on them. 
 They -have concurrent jurisdiction with the Circuit Court, in 
 misdemeanors where the fine is $100 or under.' The inferior 
 courts in cities have criminal jurisdiction to the extent of the 
 power granted by the statute creating the particular court, and 
 to that extent is concurrent with the Circuit Court, and sub- 
 ject to the appellate jurisdiction of the Supreme Court. The 
 County Courts have no criminal jurisdiction whatever. 
 
 CHAPTER Y. Of a Criminal Trial, and its Incidents. 
 
 Section 1. Preliminary matters. 
 
 The Criminal Code, section 163, provides that "all excep- 
 tions which go merely to the form of an indictment, shall be. 
 made before trial." It also provides, by section 180, that " every 
 person charged with treason, murder or other felonious crime, 
 shall be furnished, previous to his arraignment, with a copy of 
 the indictment, and a list of the jurors and witnesses ; " this 
 provision is peremptory. In all other cases " the same sec- 
 tion provides, that he or she shall, at his or her request, or 
 the request of his or her counsel, be furnished with a copy 
 of the indictment and a list of the jurors and witnesses." It is 
 the duty of all justices of the peace to transmit to the clerk 
 
 E. S. 1845, ch. 39, p. 141, § 31. » Id. ch. 30, § 195. ' Laws 1863, p. 54. 
 4 
 
26 Of a Criminal Trial. 
 
 of the Circuit Court before the first day of the next term of the 
 Circuit Court, after same be taken, all recognizances of persons 
 charged with crimes or misdemeanors, and held to bail by them ; 
 also all recognizances of witnesses,* a similar duty is enjoined on 
 all oiBcers, such as sheriffs, coroners and constables, who have 
 taken recognizances of bail of all persons arrested by them_ 
 iinder process of capias, to transmit such recognizances to the 
 clerk of the Circuit Court, by the first day of the term of the 
 court, to which they are returnable.'' It is also made the duty 
 of circuit clerks to issue subpoenas, either on the part of the 
 people, or of the accused, to any county of the State.' 
 
 It is clear that the object of each, and all of these provisions 
 is to have every accused person have the full benefit of his con- 
 stitutional right to " a speedy public trial," * and for facilitat- 
 ing justice, that the actual trial be disiucumbered of prelim- 
 inary matters, and courts favor this dispatch. 
 
 In view of this, it is suggested that every State's attorney 
 should, if possible, be in the court-house at the circuit clerk's 
 ofiice some hours before the opening of court, and provide him- 
 self with a docket, having the following particulars set out in 
 an orderly manner : First, the title of each cause, whether on 
 indictment or appeal; second, the nature of the oflTense; third, 
 the name of the defendant's counsel when known ; fourth, the 
 facts of service of capias, of bail; and commitment if no bail, 
 or the case is not bailable, with the names of the bail and 
 amount of security ; fifth, the fact of service and return of the 
 subpoenas for witnesses for the prosecution. Indeed, such a 
 docket ought by statute to be required to be made out by the 
 circuit clerk, and ready for the State's attorney on his arrival at 
 court, giving the clerk for making such docket proper compen- 
 sation. So provided, the State's attorney on the first calling 
 of the docket by the court is prepared to continue causes, to 
 enter nolle prosequi, to take forfeitures of recognizances, and 
 move for scire facias, and to suggest additional witnesses to be 
 indorsed on the indictments, and move for attachments of wit- 
 nesses who have been served, and fail to appear. He should 
 
 ' R. S. 1845, ch. 30, § 201. Md. § 176. ' Id. § 177. 
 ' Const, art. 13, § 9. 
 
Preliminary Matters. 27 
 
 see that the copy of the indictment and lists required by section 
 ISO of the Criminal Code, are furnished to the accused. 
 
 Oil the other hand, the defendant's counsel ought to he ready 
 to make all necessary motions under section 163, bearing in 
 mind, that the prisoner stands on all his rights, that he surren- 
 der or overlook none of them, and to file all such pleas in 
 abatement as he may consider proper. He should bear in 
 mind the distinction made by section 163, between motions as 
 to form and those in arrest of judgment, and not defer such 
 motions as are preliminary to that late and dangerous stage. 
 
 We suggest a few of such preliminary motions. It has been 
 held, that such motion must be made where the attorney- 
 genefal had resigned, and the court had appointed an attorney 
 to prosecute who signed the indictment, it being deemed that 
 no one was authorized to sign the same, and it was not set 
 forth in the body of the indictment that the grand jury had 
 authority to find the same, and that it was not averred in the 
 indictment that the court was called specially to try the pris- 
 oner.' Such, also, is the objection that the indictment omitted 
 to state it was found on the oaths of the grand jurors.' Such, 
 also, is the objection that the grand jury, whieli may have 
 found an indictment, was not legally summoned and impan- 
 eled.' Such, also, is the objection to the want of a minute 
 specification of the character of the wound inflicted ; yet„in 
 that case, it was doubted whether such was an objection at all.* 
 Where the indictment was for having possession of forged 
 bank bills, with intent to utter and pass the same, and there 
 was no distinct averment that they were for the "payment of 
 money," yet tlie fact appeared therein by way of recital, the 
 averment was considered immaterial, because the term " bank 
 bill " carries with it a definite meaning as much as money ; but 
 even if such averment was necessary, the court held, that the 
 objection goes to the manner of pleading the fact, and not to 
 the fact itself, and as it appeared in the indictment by way of 
 recital; it was an objection which should have been taken 
 advantage of on motion before trial to quash the indictment.' 
 
 ' Ouyowsld V. People, 1 Scam. 479. ' Curtis v. People, Bre. 197. 
 
 • Stone V. People, 2 Scam. 336. * Id. ' Townsend v. People, 3 Scam. 329. 
 
28 Of a Cbijuinal Teial. 
 
 It has also been held, that if an offense is not set out with 
 clearness and precision, the court will, on motion to quash, 
 entertain it ; but if the accused has submitted without any 
 objection, to be tried under the indictment, an objection that is 
 raised after conviction will not be regarded, if it relates only 
 to form and not to an obvious and substantial defect.' Sup- 
 posing all the preliminaries settled, and the indictment found 
 valid, the next step in the trial is the arraignment of the 
 prisoner. 
 
 Section 2. Arraignment. 
 
 This means calling upon the accused when placed at the bar 
 of the court for trial to answer the matter charged upon him in 
 the indictment.'' On this arraignment, the prisoner is required 
 by the clerk to plead " guilty " or " not guilty," unless he have 
 some special matter of defense to ui-ge in answer to the indict- 
 ment. It is advisable to move to quash the indictment before 
 arraignment, if there is a probable fault to the form of the 
 indictment, as such faults are cured by the plea of not guilty. 
 It is sometimes advisable not to move to quash until after trial, 
 this, however, only where there is a fatal defect to the indict- 
 ment. After verdict the judgment may be arrested and indict- 
 ment quashed for matter of substance. 
 
 jf n this connection it may be well to remark that if the pris- 
 oner is not prepared for trial, his counsel should have an 
 aflSdavit for continuance prepared before arraignment, so that, 
 immediately after arraignment, motion for continuance, based 
 on the aihdavit, may be made. Also, if change of venue is 
 wished, the petition therefor should be ready to present imme- 
 diately after arraignment. 
 
 The plea of not guilty forms the issue, and no second arraign- 
 ment is required. Before arraignment the court will, almost 
 invariably, as a matter of coiirse, allow the prosecutor to in- 
 dorse on the back of the indictment the names of additional 
 witnesses for the prosecution. After arraignment if additional 
 names of witnesses are placed on the back of the indictments, 
 and the prisoner is not prepared to meet such new testimony 
 
 • Townsend v. People, 3 Scam. 339. ' Bl. Com. 333 ; Broom. C. L. 996. 
 
Arraignment. 29 
 
 but is taken by surprise, the court will continue the case, on 
 application of the prisoner, and affidavit that he is taken by 
 surprise. 
 
 As to the defense of " autre foia acquit " and " autre foia 
 oonviot," there are some important decisions in Illinois. The 
 Constitution of 1848, article 13, section 11, provides that " no 
 person shall, for the same offense, be twice put in jeopardy of 
 his life or limb." It was held, where a person was indicted for 
 selling liquor without license and acquitted, that the people 
 cannot prosecute a writ of error from such decision.' So, also, 
 where the defendant was prosecuted before a justice of the 
 peace for assault and battery, and an appeal taken to the 
 Circuit Court, where the cause was reversed for want of juris- 
 diction in the justice of the peace, it was held, for the same 
 reason, that a writ of error could not lie on behalf of the 
 people from such decision.* 
 
 The principle, however, is very carefully guarded from abuse, 
 as the following cases show. A was indicted for murder ; the 
 jury convicted him of manslaughter, and sentenced him to 
 the penitentiary for one year. The defendant moved in arrest 
 of judgment, for that the jury imposed no fine. The judgment 
 was arrested and prisoner discharged. Subsequently he was 
 indicted for manslaughter committed on the same person for 
 whose murder he had been previously indicted and convicted 
 of manslaughter. The defendant set up in bar to the second 
 indictment the former conviction and discharge. The Supreme 
 Court admitted the principle in nemo Ms vexari debet pro eadem 
 causa, provided the indictment was valid, and such as he could 
 lawfully be convicted upon, but that if the first indictment 
 was materially defective, the former prosecution is no bar to a 
 subsequent prosecution for the same offense ; but when the con- 
 viction was on an invalid indictment, and the prisoner has 
 never received sentence, he cannot plead the former conviction 
 in bar, for he has not legally been put in jeopardy. In this 
 case the first indictment was valid, and the court arrested the 
 judgment for an insuificient cause (want of imposing a fine). 
 The effect of arresting the judgment is the same to the defend- 
 
 ■ People V. BiU, 1 Scam. 357. ' People v. Peggy RoycH, id. 557. 
 
30 Of a Criminal Trial. 
 
 ant, whether the indictment is good or bad. The former con- 
 viction and discharge are no bar in this case.* 
 
 Under an indictment for forgery by alteration of an order 
 drawn on three persons composing the firm of " J. Irwin & Co." 
 On this indictment defendant was acquitted. Subsequently, 
 during the term, another indictment was found against him 
 precisely like the first, except that the persons on whom the 
 order was drawn were described as composing the firm of" John 
 Irwin & Co." Defendant pleaded " autre fois acq;uitP The 
 court held the plea good, for the reason that such plea is based 
 on the principle, that no man can be more than once placed in 
 jeopardy on the same accusation ; if once arraigned on a valid 
 indictment and acquitted, he cannot again for the same ofiense 
 be tried. In this case the first indictment was valid, and the 
 same evidence that would secure a conviction under the second, 
 would have been sufiicient for the first. The name of the firm 
 under which the person traded, and upon which the forged order 
 .was drawn, need not be set out with more than common cer- 
 tainty, and even in that case unnecessary ; the alteration in the 
 indictment was not material.* 
 
 In another case, a party indicted for murder, was tried, and 
 convicted of manslaughter ; on his own motion, a new trial 
 was granted. The court held, that the conviction for man- 
 slaughter was an acquittal on murder, and the prisoner could 
 not be put on his trial for that ofiense, bnt only for man- 
 slaughter.^ In another case, a party convicted of larceny 
 prosecuted a writ of error, and procured a reversal and dis- 
 charge on the groiind of misdirection in the court below. 
 The Supreme Court said : "As the judgment will be reversed 
 at the prisoner's instance, he will not, in legal contemplation, 
 have been in jeopardy, and may be again indicted and put on 
 trial for the same offense."* In a prosecution for riot, it is no 
 bar that one of the accused had been tried and fined for an 
 assault and battery growing out of the same oifense.^ .It is 
 
 ' Oerard v. People, 3 Scam. 363. " DurJiam v. People, 4 Scam. 174. 
 ' Brennan v. People, 15 III. 514. * Lane v. People, 5 Gil. 308. 
 • Freeland v. People, 16 111. 381. 
 
Arraignment. 31 
 
 essential in these pleas that the crime charged in the first and 
 second indictment be the same. 
 
 The form of arraignment is the holding up the right hand 
 by the prisoner (though this is not indispensable, for any other 
 mode of confessing, he is the person named, will be sufficient),^ 
 "while the clerk reads the indictment. When so read, the clerk 
 asks him : " How say you, guilty or not guilty ? " To which 
 he responds by confession, or denial, or special plea, as above. 
 
 This arraignment is most important, and before the prisoner 
 pleads the final pleas of " guilty " or " not guilty," his counsel 
 should see that all objections of a formal nature have been 
 presented, on motion, to ' the court, under section 163 of the 
 Code. Another reason is, that the rule, as to pleading by the 
 defendant, is not the same as in civil cases. In the latter 
 the defendant, by leave of the court, under statute 4 Anne, ch. 
 16, sections 4 and 5, may plead as many matters of fact as he 
 may deem necessary for his defense, which statute is adopted 
 liere.^ This provision has not been extended to criminal mat- 
 ters, hence, as to them, they remain just as the old common 
 law rule was in civil cases, before that statute was enacted, 
 namely, that no more than one plea can be pleaded to any 
 indictment or criminal information. The Criminal Code men- 
 tions no plea, -but that on the arraignment of "guilty" or 
 "not guilty;" but this does not take away the common law 
 right of the defendant to plead misnomer, to demur or plead 
 speciall3\ A plea in abatement of misnomer may be pleaded 
 with " not guilty," and the same jury at same time try both 
 issues. The plea in abatement must be verified by affidavit. 
 
 Sliould the pi'isoner, when brought to the bar and arraigned, 
 stand mute, or refuse to plead, the Code provides that such 
 shall be taken as a denial of the indictment, and the court will 
 enter on the minutes an order for a plea of " not guilty," and 
 the trial, judgment and execution proceed as if he had pleaded 
 "not guilty." ' 
 
 By another section of the Criminal Code,* it is provided that 
 where the defendant pleads " guilty " the court will not enter 
 
 • Raym. 408. ' R. S. 1845, ch. 83, § 13 ; Scates, 353. 
 ■ R. S. 1845, cb. 30, § 183. ' Id. §183. 
 
32 Of a Criminal Trial. 
 
 the plea, until it has explained to him the consequences of such 
 plea. If, after such explanation, he persists in his plea, the 
 same will be received and recorded, and the court will render 
 judgment as if defendant had been tried and convicted. 
 
 It is provided in case the clerk should neglect his duty to 
 enter the defendant's plea on arraignment, it may be done at 
 any time by order of the court, and thus cure the error or 
 defect.* 
 
 The defendant having been arraigned, and the pleas of the 
 general issue put in, the next stage in the trial is to swear the 
 jury, which is done subject to a right of challenge on part of 
 the defendant, and the prosecution, to the array or to indi- 
 vidual jurymen. 
 
 Section 3. Challenging the jury. 
 
 Our Criminal Code provides that every person arraigned for 
 capital offenses, has the right to a peremptory challenge of 
 twenty jurors, and no more ; incases punishable by imprison- 
 ment for a term not over eighteen months, he is entitled to a per- 
 emptory challenge of ten jurors in all ; in other criminal trials, 
 he can peremptorily challenge six jurors ; under a recent statute 
 the State's attorney is entitled to the same number of chal- 
 lenges as the accused is entitled to.'' The right of challenge, 
 and mode of exercising it, are minutely considered by Mr. 
 Archbold,' and to this work we refer. The defendant's coun- 
 sel should keep an accurate note of the peremptory challenges 
 he has made. 
 
 We may remark that challenges to the array are but seldom 
 used, it is an exception to the whole panel, based on some par- 
 tiality or default in the array of the panel by the county court. 
 
 Challenges to the polls are frequent, it is scarcely necessary 
 to remark that challenges must be made immediately on the 
 appearance of the jurors in answer to their names, four being 
 called at a time, and before they are sworn. The challenge in 
 respect to office is not used here, except perhaps in the case of 
 a juror having served as a grand juror within twelve months,* 
 
 ' R. fe. 1815, ch. 30, § 181. ' Id. § 184, Law 1869, p. 23. 
 
 ' Arch. Cr. PI. 13th ed. pp. 135 to 141. ' BitteU v. Ryan, 33 Hi. 570. 
 
Mode of Trial. 33- 
 
 or petit juror in the Circuit Court within twelve months.* The 
 challenge as to personal defect is sometimes used, as infancy, 
 alienage, not understanding English, old age, that is, over sixty 
 years of age, which is an exejpption, not a disqualification.'' The 
 chief cause of challenge is for bias,ifavor, partiality and opinion 
 formed on the case. This is very carefully guarded, as where 
 a juror was exam,ined, and stated he had an opinion in the case ; 
 he was, however, accepted by the prisoner, the court ordered 
 him to stand aside, and refused to allow him to be sworn on 
 the jury, and this before he had been accepted or challenged 
 by the People. The Supreme Court held, that he was subject 
 to challenge for favor, and until he was challenged he was 
 competent to sit as a juror, and that the Circuit Court en*ed in 
 excluding him.* By a recent law, it is provided ia trials for 
 murder, as cause of chaillenge, whether the juror has con^ 
 scientipus scruples against cq^pital punishmeiit, or is opposed! 
 to the same.* A challenge is not complete until! it is passed 
 on by the People and the prisoner. We now suppose the jury 
 to ha,ve been tried, selected and sworn; they take' their places, 
 and are ready to hpar the evidence. The jusy are judges of 
 the law and the fact,* and though they may be instructed by 
 the court in questions of law, yet they may act on their own 
 judgment, and disregard the views of the eowirt.* When the 
 jury is sworn, the prisoner is " given in chaugfr t& them." 
 
 Section 4. Mode of tinc^^ 
 
 In misdemeanors, the defendant may waTv© a Jury, and pu* 
 himself upon the court for trial.* It is otherwise in other- 
 olfenses. All trials for criminal offenses are governed by th© 
 course of the common law, except where the Code pjrescribes; 
 a different mode. The rules of evidence at common law prevaiili, 
 unless otherwise prescribed by the Code.'' 
 
 » Law 1859, p. 154. * Demi* v. People, 19 111. 19. 
 
 ' Van Blarieum v. People, 16 111. 264. * Law 1869, p. 191,^ § 4L 
 
 • H. S. 1845, ch. 30, § 188. 
 
 • Schnier v. People, 23 111. 29 ; Fisher v. People, id. 294. 
 
 ' Zurrisdlery. People, 17 lU, 105. ' R. S. 1845, ch. 30, § 188. 
 5 
 
34 Of a. Criminal Trial. 
 
 The counsel for the prosecution has the opening and con- 
 cluding address to the jury. The prosecutor opens the case : as 
 we have said, he does not detail evidence, but simply the facts 
 he expects to prove, the law on the case, and may anticipate 
 the general theory of the defense and suggest the answer thereto ; 
 this is not often done. He then calls the witnesses as named 
 on the back of the indictment ; they are sworn, unless their com- 
 petency be assailed, as that they are infamous under the Code,' 
 or approvers,* or otherwise legally incompetent. The question 
 of competency is one for the court ; credibility lies with the 
 jury.' Color is no objection, nor is interest. Sometimes the 
 objection as to religious belief is made. In this State it has 
 been held that " all persons believing in the existence of a 
 God and a future state are good witnesses, though they may 
 not believe in future punishment." * The burden of proof as 
 to unbelief lies "bn the objector, and must be shown by evidence 
 of witness' declarations previously made to others. Should 
 a deaf mute be shown to have understanding, he or she is 
 competent to testify by signs.^ Generally, those deaf and 
 dumb from birth are presumed to be idiots ; and such, with 
 lunatics and insane persons, are incompetent, unless in the sane 
 intervals of such lunacy and insanity. Children of very tender 
 age are incompetent, unless on examination it appears that 
 they understand the nature of an oath, and know good and 
 evil. Husband and wife cannot testify for or against each other, 
 except in case of forcible abduction and marriage, when she can 
 testify, and for rape on her by others, and for his assault and 
 battery on her, or his maliciously shooting at her, and breaches 
 of the peace by him as to her ; but this only as to facts which 
 no other witness can prove.* 
 
 The examination of witnesses is conducted in accordance 
 with certain fixed principles, which must be observed, and 
 scrupulously adhered to; there is no material difference in 
 regard to the rules of evidence between criminal and civil pro- 
 cedure. "A fact," says Lord Erskine, " must be established 
 by the same evidence, whether it is to be followed by a crimi- 
 nal or civil consequence.' 
 
 »E. S. 1845,ch.30,§174. 'Id. §17. ' Id. 15. * NMe y. People, Bie.Zi. 
 • 1 Greenl. Ev. 366. ' Rex v. Jogger, % Russ. Cr. 606. ' How. St. Tr. 764. 
 
Mode of Trial. §5 
 
 The plea of " not guilty" makes it incumbent on the prose- 
 cutor to prove every fact and circumstance constituting the 
 offense as stated in the indictment or information. 'On the 
 other hand, the defendant may give in evidence, under this 
 plea, not only every thing which negatives the allegations in 
 the. indictment, but also all matters of excuse and justification.' 
 
 The chief rules of evidence are, that th6 proofs be relevant 
 to the issue; that the best evidence the nature of the case 
 admits must be given ; that secondary evidence will only be 
 received where the best and most direct«i,evidence cannot be 
 had ; that hearsay is not in general admissible ; and this evi- 
 dence must be on the oath or aflirmation of the witness, given 
 before the jury, in face of the court, in presence of the accused, 
 and must be received under all the advantages of examination 
 and cross-examination.^ Experiments illustrating modes of 
 ■suicide should be allowed with great caution.' 
 
 The accused stands on all his rights, and is presumed inno- 
 cent until found guilty by the verdict of the jury. The trial 
 must be public. As to all these, they are substantial realities, 
 not formal. So as a prisoner in a capital case is considered 
 standing on all his rights, and waiving nothing on the score of 
 irregularity, it has been held, that an agreement between his 
 counsel and that of the people, that the jury may deliver their 
 verdict to the clerk, is irregular ; and a verdict so delivered 
 under such agreement in the absence of the jury may be set 
 aside. The prisoner has a right to poll the jurj', which h« can 
 not do if they are absent.* 
 
 When each witness has been examined by the prosecution, 
 he is handed over to the defendant's counsel for cross-examina- 
 tion, and vice versa as to defendant's witnesses, when the 
 case for the prosecution is closed. The defendant's counsel 
 opens the defense, calls his witnesses, subject to the same rules 
 as witnesses for the prosecution, and to cross-examination by 
 the prosecution. The defendant's counsel then speaks to evi- 
 dence, and the prosecution closes. 
 
 Instructions on the law in the case in writing are then read 
 to the jury on the part of the prosecution and the defendant, 
 
 ' Arch. Cr. PI. 94. ' Rex v. WoodAMck, 1 Leach C. C. 503. 
 
 ° JuiApertz v. People, 21 111. 408. * Womaque v. People,' Bre. 109. 
 
36 Of A Criminal Trial. 
 
 the same having been examined and allowed by the court, and 
 the court may itself give written instructions to the jury. It is 
 the duty of the court to see that the jury understand the law 
 ' of the case they are trying; but the court can give no verbal 
 instructions, nor charge to the jury. The indictment and pleas, 
 if any, and the instructions, are given to the jury to take with 
 them to their room to consider their verdict. 
 
 jSecUon 5. Of the jury. 
 
 At this stfkge of **the trial an officer is called and sworn, and 
 in his charge the jury retire from the court to their room, to 
 consider of their verdict. It has been held by the Supreme 
 Court, that the law in capital cases undo'tibtedly is, that, from 
 the commencement of the trial till the rendition of the verdict, 
 the jury, diiring all the adjournments of the court, should be 
 placed in charge of an officer, unless otherwise ordered by the 
 court, with the consent of the accused, and the attorney for 
 the people.* It has been held in the same case that, where, in 
 a criminal case,' the jury separate without the consent of the 
 accused, it is an irregularity ; and the court below, on the fact 
 being established, would be bound to set the verdict aside, and 
 grant a new trial. And in the same case it was held, that a 
 jury impaneled to try a capital case should not be allowed 
 to 'dine with others -at a public table at a hotel. Should the 
 jury speak to persons not of the jury as to their verdict before 
 its rendition, it is irregular. 
 
 The court will not allow any of the jurors, while deliberating, 
 to leave the jury room and come into court and hold a conver- 
 sation with the court. ' If they desire to communicate with the 
 court, they should send a request to the court by the officer in 
 attendance, that they may in a body be brought into court.* 
 
 In a murder case, where the court remarked to the jury that 
 iihey would not be discharged until there was no probability 
 «of their agreeing, and further that before the next term of the 
 court the witnesses may be in their graves and justice cheated, 
 held good cause for setting the verdict aside and a new trial 
 granted.' In that case, where the jury come into court asking 
 
 » Jump&rtz V. People, 31 111. 411. ' FisJier v. People, 23 III. 395. • Id. 394. 
 
Arrest of Judgment. 37 
 
 instructions, and are placed so as to be influenced by the court, 
 the prisoner has the unquestioned right to present such views 
 in the shape of instructions, as the circumstances may require, 
 in his own behalf. 
 
 When the jury have decided unanimously, tbey write tiieir 
 vetdict, following the instructions of tlie court as to form, notify 
 the oflicer, and are by him brought into court ; this verdict they 
 hand to the clerk, who reads fhe, same, and if it be correct the 
 jury are discharged. Should the jury fail to agree, and there is 
 no probability of their agreeing, they should notify, the officer, 
 who will bring them into court; and, if the coujrt be satisfied 
 they cannot agree, they will be discharged.' A discharge of 
 the jury is not an acquittal;^ the case may be tried before 
 another jury. 
 
 Section 6. Arrest of judgment, and anew trial. 
 
 Before the verdict is recorded and judgment thereon ep.tered, 
 is the time for motions in arrest . of judgment and for new 
 trial. Section 163 of the Criminal Code provides, " that no 
 motion in arrest of judgment, or writ of error, shall be sus- 
 tained, for any matter not effecting the real merits of the oflfense 
 charged in the indictment." * This narrows the right to make 
 such motions to matter of substance. We have seen several 
 instances where the court will grant new trials, but motions 
 simply in arrest are not so numerous. In manslaughter, wlien 
 it appeared on the trial that the two principal witnesses had 
 sworn differently before the coroner from what they did on 
 the trial, and their testimony on the trial was not corroborated, 
 but clouded, with suspicion, a new trial was granted.^ 
 
 Should the court refuse the motion for new trial and in 
 arrest of judgment, the defendant, for manifest and material 
 error, appearing on the record, can have writ of error on com- 
 plying with sections 198 and 199 of the Criminal Code; and 
 section 197 provides for bills of exceptions, which must fairly 
 state the truth of the case. 
 
 • Re Newton, 2 Bre. 716. » R. S. 1845, ch. 30, § 163. 
 
 • Qibbona v. People, 23 lU. 519. 
 
38 Of a Criminal Trial. 
 
 Section 7. Judgment. 
 
 ■ Where there is bnt one count, there is no difficulty; but 
 where the indictment consists of several counts, charging 
 different offenses, some of which are bad, others doubtful, and 
 some good, and the verdict is general, the safer course for the 
 prosecution is to have judgment arrested on the bad~ and 
 doubtful counts, and judgment entered and sentence pass on 
 the good counts.' Judgment should bp entered on each count, 
 nol.pros. on the bad ones, and a misjoined count will be cured 
 by verdict of acquittal thereonl' The judgment being entered, 
 nothing remains but sentence, where necessary, and execution. 
 Judgment for costs is an incident following the judgment.' 
 
 This statement as to the trial and its incidents must be brief, 
 the matters suggested are in larger works, an outline of prac- 
 tical matters is here given. Continuances and change of venue 
 are not noticed, as they are matters of daily occurrence, and 
 do not need special detail. Nothing but a full, absolute, and 
 unconditional pardon can absolve an offender from a valid 
 judgment in felonies and high misdemeanors, and this pardon 
 can only come from the executive, as the " fountain of mercy." 
 
 ' Broom Com. C. L. 1005 and note (e). ' Beg. v. Fergxuon, 1 Deargl. 427. 
 » Moody V. People, 20 111. 319. 
 
CaikiNAL Code. 39 
 
 CHAPTER Yl. 
 
 Where the Cbiminal Code mat be found. 
 
 I. The Criminal Code of Illinois forms chapter 30 of the Bevised Statutes of 
 1845, pp. 151 to 193, inclusive. 
 
 II. There are provisions of a criminal nature in other parts of the Bevised 
 Statutes, and in its appendix, such as 
 
 1. Embezzlement by certain officers (E. S. 1845, ch. 28, § 13 ; Scates, 372). 
 
 2. Eewards for apprehending felons (id. ch. 45, § 8 ; id. 1113). 
 
 3. Marriages (id. ch. 69, §§ 3, 7, 8 ; Scates, 579, 580). 
 
 4. Adultery of whites and negroes (id. ch. 74, § 23 ; id. 418). 
 
 5. Eewards for taking horse thieves (id. app. 574, g 1 ; id. 1113). 
 
 6. Eecoguizances (id. app. 679 ; id. 418.) 
 
 III. Eewards for taking fugitives from j ustice (L. 1847, p. 48 ; Scates, 306). 
 
 IV. Purple's Statutes, pp. 358 to 407 inclusive, embraces all in B. S. 1845, 
 and subsequent criminal laws to and including Laws of 1855. 
 
 V. Sc»tes, Treat and Blackwell's Statutes, pp. 375 to 432, inclusive, with all 
 criminal laws in Purple, and those to and including Laws of 1857. 
 
 VI. All subsequent criminal legislation will be found in the Session Laws 
 of 1859, 1861, 1863, 1865, 1867 and 1869, and are as follows : 
 
 1859. 1. Act defining arson, p. 16. 
 
 3. Aggravated assaults, p. 153. 
 
 3. Embezzlement of railroad tickets, p. 154. 
 
 4. Burglary of school houses or railroad cars, id. 
 1861. 1. Public bridges, p. 74. , 
 
 2. Cairo levees, p. 114. 
 
 3. lUegalToting, p. 268. 
 
 4. Penalty on judges of elections, p. 268. 
 
 5. Perjury at elections, id. 
 
 6. Sale of liquor on election day, p. 269. 
 1863. Threats, combinations and strikes, p. 70. 
 1865. 1. As to liquor law, p. 35. 
 
 2. Elections, p. 58, § 14. 
 
 3. Cemeteries, malicious mischief in, p. 105 
 
 4. Larceny of horses, p. 106 
 1867. 1. Injuring canals, p. 88. 
 
 2. Confidence game, id. 
 
 3. Abortion and murder in, p. 89. 
 
 4. Larceny, p. 90. 
 
 5. Capital punishment, id. 
 
 6. Insane hospital, p. 139, § 2. 
 
 7. False pretenses, p. 153. 
 
 8. Malicious mischief, p. 158. 
 1869. 1. Arson, p. 4. 
 
 2. Capital punishment, id. 
 
 8. Assuming corporate names, p. 15. 
 
 4. Challenges of jurors, p. 23. 
 
40 Abbreviations Used. 
 
 1869. 5. Stealiujj^ newspapers, p. 23. 
 
 6. Frauds on insurance companies, p. 25. 
 
 7. Pecan timber, mischief to, p. 27. 
 
 8. Fair grounds, mischief to, id. 
 
 9. Cruelty to animals, p. 44. 
 
 10. Pardoned convict, pp. 48, 49. 
 
 11. Texas or Cherokee cattle, p. 72. 
 
 12. Frauds on homestead corporations, p. 78, § 8. 
 
 13. Prize fighting, p. 80. 
 
 14. Criminal Code, p. 191 ; stealing from person of another, § L 
 
 15. id. ; burglary, § 2. 
 
 16. id. ; prize fighting, § 3. 
 
 17. id. ; challenges of jurors in murder, § 4. 
 
 18. Id. ; stealing in another State, § 5. 
 
 19. id. ; stealing lead pipes, § 6. 
 
 20. id. ; unlawful taking a horse, § 7. 
 
 21. id. ; adulterating candies, g 8. 
 
 22. id. ; prisoner and bail failing to appear, § 9. 
 
 23. Frauds in elections, p. 199. 
 
 24. Frauds on gas companies, p. 200. 
 
 Abbreviations used. 
 
 R. S. 1845, ch. , § , refers to Revised Statutes of 1845. 
 
 R. S. 1845, app. refers to appendix to above. 
 
 Purp. refers to Purple's edition of the statutes. 
 
 Scates refers to Scates, Treat and Blackwell's edition of same. 
 
 Bre. — Breese's Reports ; Scam. — Scammon's Reports, 4 vols. 
 
 Gilm. — Oilman's Reports, 5 vola ; 111. — Illinois Reports. 
 
 Arch. — Archbold's Criminal Pleading and Practice, the inner paging. 
 
 Tr. & H. — Train and Heard's Precedents. 
 
 The State Reports and English Reports are cited as generally referred to. 
 
 Elementary works according to common usage. 
 
PART II. PRECEDENTS OF INDICTMENTS. 
 
 OUTLIJIE OF AN INDICTMENT, SHOWING THE FORMAL PARTS. 
 JSTo. 1. In the Circuit Couet. 
 
 Caption. 
 
 In the Circuit Court of — county, of the Term 
 
 A. D. 186— .1 
 
 Yemie and commencement. 
 State of Illinois, 
 
 County, 
 
 
 The grand jurors chosen, selected, and sworn in and for the 
 
 county of , and State of Illinois, in the name and by the 
 
 authority of the people of the State of Illinois, upon their oaths, 
 present. 
 
 Statement. 
 That, etc., {here insert the offense and time and place ofcom- 
 viitting the sam^, with reasonable certainty)? 
 
 Conclusion. 
 " Contrary to the form of the statute in such ciase made and 
 provided, and against the peace and dignity of the people of 
 the State of ."* 
 
 No. 2. In AN Infeeiob Ckiminal Coukt. 
 Caption. 
 In the Superior Court of the city of Chicago (or as the case 
 may be), of the Term A. D. 186—. 
 
 ^Duncan v. People, 1 Scam. 456. The caption is not a count nor a portion 
 
 of a count. 
 'The venue Is part of the commencement of a count, and not of the caption, 
 
 and see Whitesidee v. People, Breese, 4. ' See § 163, Criminal Code, Gross, 85. 
 ♦Const. 1848, art. 5, § 26 ; every indictment must so conclude. 
 6 
 
42 Skeleton Indictments. 
 
 Venue and commencement. 
 State or Illinois, ) 
 
 County, > ss. 
 
 City of • 
 
 The grand jurors chosen, selected, and sworn, in and for the 
 
 city of , in the county of , and State of Illinois, in the 
 
 name and by the authority of the people of the State of Illinois, 
 upon their oaths, present. 
 
 Statement. 
 That, etc., (see No. 1 above.) 
 
 Conclusion. 
 
 (See ^0. 1 above ; there is no difference in the conclusion in 
 
 the Circuit Court and an inferior criminal court.) 
 
 .^OTE. The second aiid also subsequent counts commence as follows : 
 "And ths^grand jurors aforesaid, chosen, selected, and sworn as aforesaid, 
 in the name and hy the authority aforesaid, on their oaths aforesaid, do fur- 
 ther present.'" 
 
 There are other conclusions to indictments, such as ad com- 
 mune nocumentum. To the common nuisance, thus : " To the 
 great damage and common nuisance of all the citizens of said 
 State." This is used in indictments for nuisances, public inde- 
 cency, etc. 
 
 To the evil example. — " To the evil example of all others in 
 the like case offending." This is used in perjury and riot, and 
 other public offenses, not nuisances, etc. 
 
 Indictments for common law offenses should conclude " con- 
 trary to law," and not contrary to the statute. 
 
 Section 1. Accessoeies to ceimes. 
 
 This section forms Division II, of the Criminal Code, and 
 comprises sections 13, 14. 
 
 Section 13 applies to accessories before the fact ; they are 
 considered as principals. 
 
 Section l4 applies to accessories after the fact. 
 
 ' Duncan v. People, 1 Scam. 456. 
 
Accessories. 43 
 
 Decisions, — Baxter v. The People, 3 Gilm. 368 ; Brennan y. 
 The People, 15 111. 511 ; J^ate v. Butler, 17 Verm. 145 ; ^e^. v. 
 Chappie, 9 C. & P. 355 ; Bex v. Jaris, 2 M. ^ K. 40; JJ^a; v. 
 Beveridge, 3 P. Wms. 439 ; Bex v. TFaZ^ace, 2 Mo. €. C. 200, 
 
 Limitation. — J] ndiev section 13, according to the nature of 
 the principal offense, the penalty follows the offense and is the 
 same. TTnder section 14 the limitation follows the principal 
 offense. Penalty — imprisonment not over two years; iine, 
 not over $500, in the discretion of the court, according to the 
 circumstances and nature of the crime. * 
 
 1. Indictment against an accessory before the fact in murder. 
 (R. S. 1845,. ch. 30, § 13 ; Purple, 360 ; Scates, 376.) 
 
 {After stating the offense of the principal, and immediately 
 before the conclusion, charge the accessory hefcyre the fact, thus :) 
 
 And the grand jurors aforesaid, selected and sworn as afore- 
 said, in the name and by the authoi-ity aforesaid, on their oaths 
 .aforesaid, do further present ; * that J. W. late of C, aforesaid, 
 in the county aforesaid, before the felony and murder was 
 committed in manner and form aforesaid, to wit, on the iirst 
 
 day of Julj', in the year of our Lord , at C, aforesaid, in 
 
 the county aforesaid, did feloniously and willfully incite, move, 
 procure, aid, counsel and command the said J. S., the said 
 murder and felony in manner afoi'esaid, to do and commit ; 
 against, etc., and contrary, etC|, 
 
 Note. — This precedent will guide the pleader in all other indictments of this 
 class. 
 
 2. Indictment against an accessory after the fact. {Id.) 
 {Proceed as in No. 1, ahcme, to the asterisk [*], and go on thus :) 
 That J. "W., late of C. aforesaid, in ^the county aforesaid, 
 ■well knowing the said J. S. to have committed the (felony and 
 larceny) aforesaid, after the same was committed as aforesaid, 
 at C. aforesaid, in the county aforesaid, him, the said J. S. did 
 feloniously receive, harbor, and maintain j contrary, etc. (as in 
 No. 1). (Arch. 693.) 
 
 The grand jurors chosen, selected and sworn in and for the 
 
 county of and State of , in the name and by the 
 
 authority of the people of the State of , upon their oaths 
 
 present, that John Smith, late of said county, on the — — day 
 
44 Indictments. 
 
 of , in the year of our Lord one thousand eigM hundred 
 
 and, ', at the county of , and State of— — ,one pair of 
 
 boots of thfe value of ten dollars, of the proper goods and chat- 
 tels of one John Brown, then and there being found, did then 
 and there feloniously steal, take and carry away. 
 
 And the jurors aforesaid, chosen, selected and sworn as 
 aforesaid by the authority aforesaid, upon their oaths aforesaidj^^ 
 do further say that one John Jones, having full knowledge that, 
 the said John Smith had committed the said felony and larceny 
 
 in form.aforesaid,'mfterward, to wit, on the — — day of , in 
 
 the 3'ear last aforesaid, at the county of aforesaid, unlawfully 
 
 and feloniously did liarbor and protect the said John Smith. 
 
 Section 2. Crimes against the government and peopi-e. 
 
 This forms Division IV of the Criminal Code. (B. S. 1M5, 
 eh. 30, §§ 19-21 ; Purple, 361 ; Scates, 377.) 
 
 Decisions. — Yoster, 220; 3 Inst. 9; 1 Hale^ 144; 2 Salk 
 634; Eeg v. Frost, 9 C. & P, 129 : Bex v. Farls of JSssex. and 
 Southampton, Moor, 620; 1 St. Tr, 197; Hex v. Lord G. 
 Gordon, Doug, 590. 
 
 Limitation. — Treason, »ione,' misprision of treason, three 
 years. Pe/ia%-— Treason, death ; misprision of treason, peni- 
 tentiary not over two years. 
 
 1. Indictment for treason in levying war, 
 (K. S. 1845, ch. 30, § 20 ; Pul|)le, 361 ; Scates, 377.) 
 The grand jiirors selected and sworn in and for the county 
 
 of , and State of Illinois, in the name and by the authority 
 
 of the people of the State of Illinois, upon their oaths, present : 
 That J. S., late of C, iii the county of C, and State of Illinois, 
 being a citizen of said State, not regarding his duty of allegi 
 ante, nor having the fear of God in his heart, but being, moved 
 and seduced by the instigation of the devil, and wholly with- 
 drawing the allegiance, fidelity and obedience which every true 
 and faithful citizen of the State aforesaid should, and of right 
 ought to, bear toward the government and people of this State, 
 to wit, the State of Illinois aforesaid, on th« first day of July, 
 
 in the year of our Lord ^ f with force and arms, * at C. 
 
 aforesaid, in the county of C. aforesaid, together with divers 
 other false traitors to the jilrors aforesaid unknown, armed 
 
Of Treason. 45 
 
 and arrayed in a warlike manner, that is to say, with guns, 
 muskets, blunderbusses, pistols, swords, bayonets, pikes and 
 other weapons, being then and there unlawfully, maliciously 
 and traitorously assembled and gatliered together against the 
 government and people of this State, most wickedly, malici- 
 ously and traitorously did levy and make war against the 
 government and people of the State aforesaid, within the State 
 aforesaid ; and did then and there maliciously and traitorously 
 attempt and endeavor by force and arms to subvert and destroy 
 the Constitution and government of this State as by law estab- 
 lished, and deprive the people aforesaid of the honor, sovereignty 
 and power of the State aforesaid, in contempt of said govern- 
 ment and people of this State and its laws, to the evil example 
 of all others in the like case offending ; contrary to the duty 
 of the allegiance of him, the said J. S. ; against the peace and 
 dignity of the people of the State of Illinois, and contrary 
 to the form of the statute in such case made and provided. 
 (Arch. ■492.) 
 
 2. Indictment for treason by adhering to the enemies of the 
 State. (Id.) 
 
 ( Use No. '\ of this head to the dagger [f], and proceed thus :) 
 and long before, and continually from thence hitherto, an open 
 and public war was, and is yet .prosecuted and carried on be- 
 tween the said people of the State of Illinois, and , to wit, 
 
 at C. aforesaidj in the county aforesaid ; and the said J. S. well 
 knowing the premises, and contriving and with all his strength 
 
 intending to aid and assist the said , so being an enemy 
 
 of the said people of the State of Illinois as aforesaid, hereto- 
 fore and during the said war, to wit, on the said first day of 
 July, in the year last aforesaid, and on divers other days, as 
 well before as after, with force and arms, at C. aforesaid, in 
 the county aforesaid, maliciously and traitorously was adhering 
 
 to, and aiding and comforting the said , so being then and 
 
 there an enemy of the said people as aforesaid. And that in 
 the prosecution, performance and execution of his treason and 
 traitorous adhering aforesaid, he, the said J. S., as such false 
 traitor as aforesaid, during the said war, to wit, on the said 
 first dav of July, in the year last aforesaid, and on divers (etc., 
 
46 Indictments. 
 
 here set out the overt acts y introducing each overt act thus:) 
 And in further prosecution, performance and execution of his 
 treason and traitorous adhering aforesaid, he, the said J. S., 
 as such false traitor as aforesaid, afterward and during the said 
 war, to wit, on (etc. etc., concluding thus), in contempt of said 
 government and people of this State, and its laws, to the evil 
 example, etc. {go on as in Ifo. 1 of this head to end) conclude 
 against the statute and against the peace, etc. 
 
 Note. — The specicU acta of adlwreiice mttst be set forth in the indictment as 
 overt acts, it is not necessary to detail the evidence, it is mfficient if the cha/rge 
 he redttced to reasonable certainty, so as to apprise the defendant of the nature 
 of the offense charged. (Foster, 220, 231 ; Arch. 494.) 
 
 3. Indictment for Misprision of Treason. 
 (E. S. 1845, ch. 30, § 21 ; Purple, 361 ; Scates, 377.) 
 ( Use No. 1 of this head to asterisk [*], and go on thus :) 
 feloniously, unlawfully, maliciously and traitorously did then 
 and there conceal and keep secret the treasonable conspiracy, 
 plan and design of one H. C, a citizen of said State, with 
 divers other false traitors to the jurors aforesaid unknown, before 
 that time entered into, designed and planned, to arm and array 
 themselves in a warlike manner there, on the day and year 
 aforesaid, to assemble and gather together, and appear at C. 
 aforesaid, in the countj' of C. ^aforesaid, in the State aforesaid, 
 armed and arrayed as aforesaid with guns {etc., as in No. 1 
 of this head), then and there to levy and make war against 
 the government and people of this State, and then and there 
 maliciously and traitorously to attempt and endeavor by force 
 and arms to subvert and destroy the Constitution and gov- 
 ernment of this State as by law established ; in contempt {etc., 
 conclude as in No. 1 above, and also conclude, contrary to 
 the statute, and to the peace, etc.) 
 
 Section 3. Crimes against persons. 
 This section forms Division V of the Criminal Code. (R. S. 
 1845, ch. 30, § 22 to § 67 inclusive ; Purple, 362-367 ; Scates, 
 377-382. 
 
Of Murder. 
 
 The several offenses comprised in this section are referred to 
 by the letters of the alphabet, as " murder " by letter (a). The 
 changes made by statutes passed since the Revised Statutes of 
 1845, are noticed in their proper places. 
 
 (a) MuEDEE. 
 
 (See E. S. 1845, ch. 30, §§ 22, 23, 24, 32, 33, 42; Purple, 
 362, and see above sections ; Scates, 377, and see above sec- 
 tions ; Gross, 6, and see above sections.) 
 
 Decisions. — For forms in particular cases, see Fairlee v. Peo- 
 ple, 11 111. 1, where errors are pointed out; Jackson v. People, 
 18 id. 269. Murder by blows with a stick ; Gardner v. People, 
 3 Scam. 83 ; Brennan v. People, 15 111. 511, for common pur- 
 pose ; Schermer v. People, 33 id. 277, form of cornplete record. 
 Murder in general, see Baxter v. People, 2 Gilm. 578 ; 3 id. 368 ; 
 Campbell v. People, 16 111. 17; Davis v. People, 19 id. 74; 
 Fisher V. People, 23 id. 288 ; Qates v. People, 14 id. 433 ; Ger- 
 ard V. People, 3 Scam. 362 ; Gibbons v. People, 23 111. 51 8 ; Guy- 
 owsTci Y.Peoph, 1 Scam. 476 ; Hopps v. People, 31 111. 385 ; Jump- 
 ertz V. People, 21 id. 375 ; Maher v. People, 2^ id. 241 ; Mcln- 
 tyre v. People, 38 id. 614; McKinney v. People, 2 Gilm. 240 
 Murphy V. People, 37 111. 447 ; Nomaque v. People, Bre. 109 
 Nixon V. People, 2 Scam. 267 ; Rainey v. People, 3 Gilm. 71 
 Schermer v. People, 33 111. 276 ; Schnier v. People, 23 id. 17 
 Sellers v. People, 3 Scam. 412; Stone v. People, 2 id. 326 
 Yates V. People, 38 111. 527 ; Birch ex parte, 3 Gilm. 134 
 Ammons v. People, 11 111. 6. And see Commonwealth v. Web 
 ster, 5 Gush. 295 ; and see Rex v. Sharioin, 1 East P. C. 341 
 22 Maine, 369 ; 7 Carr. & P. 250, id. 788 ; 5 Carr. & P. 128 
 and see State v. Owen, 1 Murph. 452 ; Zarlcin^s case, 1 Bulstr. 
 124; and see Rex v. Tye, Russ. & Ry. C. C. 345. The value 
 of the instrument need not be stated. Ward v. State, 7 Blatch. 
 101. See 2 Hale P. C. 185, as to part wounded. State v. Owe7i, 
 1 Mnmf. 452, dimensions of wounds ; Rex v. Zad, 1 Leach C. 
 C. 96 ; 1 East P. C. 314, as to times of death and wound ; 3 
 Greenl. Ev. § 143, as to place of wounding, and of death ; Dias 
 v. State, 7 Blatch. 20, as to malice aforethought and name of 
 
48 Ikdictments. 
 
 deceased. It is not murder until the party die, lience the day 
 of the deatli must appear. (1 East P. C. 347.) 
 
 lAmitation ■. — none. Pencdty may be death, or imprisonment 
 for life in the penitentiary, or for fourteen years, according to 
 the verdict. (Laws 1867, § 1, p. 90, and Laws 1869, § 1, p. 4.) 
 
 Section 22, Criminal Code, gives several cases of murder: a 
 precedent for each is given. Where a statute construes the 
 death as murder, a precedent is given under that statute in its 
 proper place. 
 
 1. Indictinent for murder by poisoning. 
 (R. S. 1845, ch. 30, § 22 ; Purple, 362 ; Scates, 377.) 
 ■ ( Use- the commencement 2^o. 1, ante "Skeleton of Indictment" 
 and go on to the Statement, thus :) 
 
 That J. S., late of C, in . the county of C. aforesaid, not 
 having the fear of God before liis eyes, but being moved and 
 seduced by the instigation of the devil, and of his malice 
 aforethought, wickedly contriving and intending one J. N. 
 with poison, willfully, feloniously, and of his malice afore- 
 tliought, to kill and murder, on the third day of August, in the 
 
 year of our Lord -, at C. aforesaid, in the county aforesaid,* 
 
 feloniously, willfully, and of his malice aforethought, a large 
 quantity of a certain deadly poison, called white arsenic, to 
 wit, the quantity of two drachms of the said white ai-senic, 
 did put, mix and mingle into, and with a certain quantity of 
 beer, which the said J. N. was then and there about to drink 
 (the said J. S. then and there well knowing that he, the said 
 J. N., intended, and was then and there about to drink the 
 said beer, and the said J. S., then and there, also well knowing 
 the said white arsenic, Avas aforesaid by him put, mixed and 
 mingled into, and with the said beer, to be a deadly poison) ; 
 and that the said J. N., afterward, to wit, on the day and year 
 aforesaid, at C. aforesaid, in the county aforesaid, did take, 
 drink, and swallow down a large quantity, to wit, half a pint 
 of the said beer, with which the said white arsenic was so 
 mixed and mingled by the said J. S. as aforesaid (he, the said 
 J. N., at the time he so took, drank, and swallowed down the 
 same beer, not knowing there was any white arsenic, or any 
 
Of MURDJEB. 49 
 
 other poisonous or hurtful ingredient mixed or mingled witli 
 the said beer), by means whereof, he, the said J. N., then and 
 there became sick, and greatly distempered in his body; and 
 the said J, N. of the poison aforesaid, so by him taken, drank, 
 and swallowed down as aforesaid, and of the sickness occa- 
 sioned thereby, from the said third day of August, in the year 
 last aforesaid, until the twenty-second day of the same month, 
 in the same year, at C. aforesaid, in the county aforesaid, did 
 languish, and languishing, did live ; on which twenty-second 
 day of August, in the year aforesaid, the said J. N., at C. 
 aforesaid, in the coimty aforesaid, of the poison aforesaid, and 
 tlie sickness thereby occasioned, died ; and so the jurors afore- 
 said, do say that the said J. S., the said J. N., in manner 
 and form aforesaid, feloniously, willfully, and of his malice 
 aforethought, did kill and murder. Against the peace, etc., 
 and contrary, etc.* (Arch. 432.) 
 
 Note. — An indictment which charges only, that by means of the taking 
 and swallowing of the poison, the deceased "becmne mortally sick and distem- 
 pered in his body" " and of the said mortal sickness died," is good, without 
 stating that he died " of t/ie poison aforesaid." Beg. v. Sandys, C. & Mar. 
 345; 3 Moody C. C. 237. 
 
 2. Jndiietment for murder by striking with an axe. (Id.) 
 ( Commence as in No. 1 of this head, and proceed thus :) 
 That John L. Chapman, late of S., in the county of M., on 
 the fourteenth day of September, in the year of our Lord one 
 thousand eight htmdred and fifty-three, at S. aforesaid, in the 
 county aforesaid, with force and arms, in and upon one Eeuben 
 Cozzens, did make an assault, and that the said John L. Chap- 
 man, with a certain axe, the said Reuben Cozzens, in and upon 
 the back side of the head of the said Eeuben Cozzens, then 
 and there feloniously, willfully, and of his malice aforethought, 
 did strike and bruise, giving to the said Eeuben Cozzens, then 
 and there, with -the axe aforesaid, in and upon the said back 
 side of the, head of the said Eeuben Cozzens, one mortal 
 wound, of which said mortal wound the said Eeuben Cozzens 
 then and there instantly died. And so the jurors aforesaid, 
 
 ' Here, and in, the following precedents, use. the full conclusion. Skeleton 
 No. 1, ante. 
 
 1 
 
50 Indictments. 
 
 upon their oath, aforesaid, do say, that the said John L. Chap- 
 man, the said Keuben Cozzens then and there, in manner and 
 form aforesaid, feloniously, willfully, and of his malice afore- 
 thought, did kill and murder ; against the peace, etc., and 
 contrary to, etc. {ConvmonweaUh v. Chapman, Monthly Law 
 Eeporter, vol. 7, N, S. 155.) 
 
 3. IncKctment for murder hy starving. (Id.) 
 The grand jurors aforesaid, etc., upon their oaths, present, 
 that C. D., single woman, late of C.,'in the county of C, on 
 
 the first day of June, in the year of our Lord , with force 
 
 and arras, at C. aforesaid, in the county aforesaid, in and upon 
 one E. F., a male child being alive, and of tender age, to wit, 
 of the age of one month, feloniously, willfully, and of her 
 malice aforethought, did make an assault ; and that the said 
 C. D., the said E. F. did then and there take and carry to a 
 certain shed there situate, and the said E. F., so being alive, 
 did then and there, in the said shed, feloniously, willfully, and 
 of her malice aforethought, hide, secrete and conceal ; and the 
 said E. F., so being alive, and so being hidden, secreted, and 
 concealed, the said C. D. did then and there feloniously, will- 
 fully, and of her malice aforethought, leave and desert, and to 
 nourish, sustain and provide for the said E. F., the said C. D. 
 feloniously, willfully, and of her malice aforethought, did 
 wholly neglect and refuse ; by reason of which said hiding, 
 secreting, and concealing the said E. F. in manner and form 
 aforesaid, by the said C. D., and of the said refusal and neglect 
 of the said C. D., to nourish, sustain, and provide for the said 
 E. F., the said E. F. then and there instantly died. And so 
 the jurors aforesaid, upon their oath aforesaid, do say, that the 
 said C. D. the said E. F., in manner and form aforesaid, feloni- 
 ously, willfully, and of her malice aforethought, did kill and 
 murder ; against the peace, etc., and contrary, etc. (Tr. & H. 
 Prec. altered 323.) 
 
 Note. — If the name of the child be unknown, let it be so stated ; the indict- 
 ment must state its name, or, if it have no name, either by baptism or reputa- 
 tion, state it to be to the jurors unknown. (Beg. v. Biss, Moo. C. C. 93.) 
 
Of Murder. 51 
 
 4. Indictment for murder hy drowning. (Id.) 
 The grand jurors, etc., upon their oaths present,* etc., etc., 
 that C. D., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , with force and arms, at C, 
 
 aforesaid, in the county aforesaid, in and upon one E. F., felo- 
 niously, willfully and of his malice aforethought, did make an 
 assault, and that the said C. D. did then and there feloniously, 
 willfully and of his malice aforethought, cast, throw and push 
 the said E. F. into a certain pond there situate, wherein was a 
 great quantity of water, by means of which said casting, throw- 
 ing and pushing of the said E. F. into the pond aforesaid, by 
 the said 0. C, in form aforesaid, the said E. F. in the pond 
 aforesaid, with the water aforesaid, was then and there choked, 
 suffocated and drowned ; of which said choking, suffocation 
 and drowning, the said E. F. then and there instantly died. 
 And so the jurors aforesaid, upon their oaths aforesaid, do say, 
 that the said C. D., in manner and form aforesaid, the said E. 
 F. feloniously, willfully and of his malice aforethought, did kill 
 and murder ; against the peace, etc., and contrary, etc. (Arch. 
 431 ; Tr. & H. Free. 324.) 
 
 5. Indictment for murder by stabbing with a knife. (Id.) 
 (Use No. 1, of this head, to the asterisk [*], omitting the words 
 " with poison" and proceed thus : ) 
 
 in and upon the said J. N., in tlie peace of God and of the 
 people, etc., then and there being, feloniously, willfully and of 
 his malice aforethought, did make an assault, and that the said 
 J. S., with a certain knife, which he, the said J. S., in his right 
 hand, then and there had and held, the said J. N. in and upon 
 the left side of the breast of the said J. N., then and there 
 feloniously, willfully and of his malice aforethought, did strike, 
 cut, stab and thrust, giving to the said J. N., then and there, 
 with the knife aforesaid, in and upon the left side of the breast 
 of the said J. If., one mortal wound of the breadth of three 
 inches, and of the depth of six inches, of which said mortal 
 wound the said J. N. then and there instantly died ; and so, the 
 
 ' The above refers to the commencement in the Outline Indictment above. 
 No. 1 ante, which must be invariably used. This reference will be omitted in 
 subsequent forms, to, save space. 
 
52 Indictments. 
 
 jurors aforesaid, npon their oath aforesaid, do saj, that the said 
 J. S. the said J. N., in manner and form aforesaid, then and 
 there feloniously, willfully and of his malice aforethought, did 
 kill and murder ; against the peace, etc., and contrary, etc. 
 (Arch. 405.) 
 
 6. Indictment for murder by shooting: (Id.) 
 
 ( Use No. 1 of this head, to asterisk [*], omitting the words " with 
 poison" and proceed thus :) 
 
 in and upon one J. N. feloniously, willfully, and of his malice 
 aforethought, did make an assault, and that the said J. S. a 
 certain pistol, then and there loaded and charged with gun- 
 powder, and one leaden bullet, then and there feloniously, 
 willfully, and of his malice aforethought, did discharge and 
 shoot off, to, against, and upon the said J. N., and that the 
 said J. S., with the leaden bullet aforesaid, out of the pistol 
 aforesaid, then and there by force of the gunpowder aforesaid, 
 by the said J. S. discharged and shot off as aforesaid, the said 
 J. N., in and upon the left breast of him, the said J. N., a 
 little above the left pap of him, the said J. N., then and there 
 feloniously, willfully, and of his malice aforethought, did strike, 
 penetrate, and wound ; giving to the said J. N., then and there, 
 with the leaden bullet aforesaid so as aforesaid shot and dis- 
 charged, and sent forth out of the pistol aforesaid, by the said 
 J. S., in and upon the left breast of him, the said J. N., a 
 little above the left pap of him, the said J. N., one mortal 
 wound of the : depth of four inches, and breadth of half an 
 inch, of which said mortal wound the said J. N. then and there 
 instantly died. And so the jnrors aforesaid, do say, that the 
 said J. S., the said J. N., in manner and form aforesaid, then 
 and there feloniously, willfully, and of his malice aforethought, 
 did kill and murder. Against the peace, etc., and contrary, 
 etc. (See Arch. 429.) 
 
 7. Count for murder in some way and manner, etc., unknown. 
 (Id.) 
 
 That the said John W. "Webster, at Boston aforesaid, in the 
 county aforesaid, in a certain building known as the Medical 
 
Manblauohter. ' 53 
 
 College, there situate, on the twenty-third day of November, 
 in the year of our Lord , in and upon one George Park- 
 man, feloniously, willfully, and of his malice aforethought, did 
 make an assault ; and the said George Parkman, in some way 
 and manner, and by some means, instruments, and weapons, 
 to the jurors unknown, did then and there feloniously, will- 
 fully, and of malice aforethought, deprive of life ; so that the 
 said George Parkman then and there died. And so the jurors 
 aforesaid, upon their oath aforesaid, do say, that the said John 
 W. "Webster, the said George Parkman, in the manner, and by 
 the means aforesaid, to the said jurors unknown, then and 
 there, feloniously, willfully, and of his malice aforethought, 
 did kill and murder ; against the peace,, etc., and contrary etc. 
 (Tr. «fe H. Prec. 314.) 
 
 Note. — See the celebrated case of Commonwealth v. Webster, 5 Cush. 395. 
 The above count was held sufficient, where the circumstances of the case will 
 not admit of greater certainty in stating the means of death. . In that case 
 there were four counts in the indictment. 
 
 1. A count for murder by stabbing with a knife. 2. For 
 murder by inflicting a blow on the head with a hammer. 3. 
 For murder, by striking, kicking, etc., and 4, the count above 
 given. Any one of these counts if proved, supposing it to be 
 legally formal, was held sufficient to support the indictment. 
 (See Tr. & H. Prec. for these counts, pp. 311-314.) 
 
 (5) Manslaughter. 
 
 Decisions. — Mullen v. People, 31 111. 444; Eeins v. People, 
 
 30 id. 256 ; Brennan v. People, 15 id. 511 ; U. 8. v. Warner, 
 4 McLean, 463 ; Reg. v. BagsUr, 3 Cox C, C. 191. For forms 
 see Cox C. C. app. lvii. lxxv. ; for proper instructions see 
 Fisher v. People, 23 111. 285. 
 
 Limitation — three years. Penalty, the jury in their ver- 
 dict to fix time of confinement in the, penitentiary, which may 
 be for life or any number of years (Laws 1859,1 1, p.- 125) ; 
 but the term cannot be less than one year. {Mullen v. People, 
 
 31 111. 444.) 
 
54 Indictments. 
 
 1. Indictment for manslaughter by stabbing. 
 (E. S. 1845, ch. 30, § 25 ; Purp. 362 ; Scates, 377.) 
 That J. S., late of C. in the county of C. aforesaid, on the 
 first day of August, in the year of our Lord , at C. afore- 
 said, in the county aforesaid, in and upon one J. N., feloniously 
 and willfully did make an assault, and that the said J. S. with 
 a certain knife, the said J. S. in and upon the left side of the 
 breast of the said J. N., then and there feloniously and will- 
 fully did strike, cut, stab and thrust, giving to the said J. N. 
 then and there with the knife aforesaid, in and upon the left 
 side of the breast of the said J. N. a mortal wound of the 
 breadth of three inches, and of the depth of four inches, of 
 which said mortal wound the said J. N. then and there instantly 
 died. And so the jurors aforesaid, xipon their oath aforesaid, 
 do say, that the said J. S. the said J. N. in manner and form 
 aforesaid, then and there feloniously and willfully did kill. 
 Against the peace, etc. 
 
 Note. — Any of the fonns for murder will answer for manslaughter, by omit- 
 ting the words " of his {or her) malice aforethought " throughout, and omitting 
 the word " murder " at end of the indictment. 
 
 (e) CoiTCEALMENT BY MOTHER OF DEATH OF HEE BASTARD CHILD. 
 
 Decisions. — N^one in Illinois Keports. An indictment for 
 concealing the birth, etc., " hy secretly disposing of the dead 
 lody " is bad, the mode should be shown. {Eeg. v. Iloun^ell, 2 
 M. & Eob., 292.) An indictment which charged that the 
 defendant cast and threw the dead body of the child into the 
 soil in a certain privy, " and did thereby then and there unlaw- 
 fully dispose of the dead body of the said child, and endeavor 
 to conceal the birth thereof^'' held sufiicient, the word " thereby " 
 being referred as well to the endeavor as to the disposing of the 
 body. {Reg. v. Coxhead, 1 C. «fe K. 623.) The indictment need 
 not state whether the child died before or after its birth (id.), 
 and see Arch. 435. 
 
 Limitation — for concealment, one year and six months. 
 Penalty, in that case, imprisonment in county jail, term not 
 exceeding one year. This concealment may amount to murder 
 and be punished accordingly. (Grim. Code, § 43.) 
 
Of Murder of Bastard Child. 55 
 
 1. Indictment of mother for concealment of death of her bastard 
 cliild. 
 
 (E. S. 1845, ch. 30, § 41 ; Purple, 364 ; Scates, 379.) 
 
 That A. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 count}' aforesaid, being then and there pregnant with a male 
 child, was then and there delivered of the said male child alive, 
 which said male child then and there instantly died, and that 
 the said A. S. being so delivered of the said male child, did 
 then and there unlawfully and privately endeavor to conceal 
 the death of said child by secretly burying the dead body of 
 said child, so that it might not come to light whether it had 
 been murdered or not, which said child so born alive, was, by 
 the laws of the State aforesaid, a bastard. 
 
 And the grand jurors aforesaid, selected and sworn as afore- 
 said, in the name and by the authority aforesaid, on their oaths 
 aforesaid, do further present : That the said A. S., late of C. 
 aforesaid, in the county aforesaid, on the first day of July, in 
 
 the year of our Lord , being then and there pregnant with 
 
 a male child, was then and there delivered of the said male 
 child dead, and that the said A. S. being so delivered of the 
 said child as aforesaid, which said child, if born alive, would, 
 by the laws of this State, be a bastard, did then and there 
 unlawfully and privately endeavor to conceal the death of said 
 child, so that it might not come to light whether it had been 
 murdered or not, by secretly disposing of the dead body of the 
 said child. 
 
 2. Indictment of mother for murder by strangling her bastard 
 child. (Id.) 
 
 That A.' S., late of C, in the county of C, single woman, on 
 
 the third day of August, in the year of our Lord , at C. 
 
 aforesaid, in the county aforesaid, being pregnant with a male 
 child, did then and there bring forth of the body of the said 
 A. S. the said male child alive, and in secret, which said male 
 child, so being born alive, was, by the laws of this State, a bas- 
 tard, and that the said A. S. afterward, to wit, on the same day 
 and year aforesaid, at C. aforesaid, in the county aforesaid, in and 
 
56 Indictments. 
 
 upon the said male child, the name whereof is to the grand jurors 
 aforesaid unknown, in the peace of the people, etc., then and 
 there being, feloniously, willfully, and of her malice aforethought, 
 did make an assault ; and that the said A. S. did then and there 
 feloniously, willfully, and of her malice aforethought, fix, clasp, 
 and press both the hands of her, the said A. S., about the neck 
 of the said male child, then and there fixed ; the said male child 
 then and there feloniously, willfully, and of her malice afore- 
 thought, did choke and strangle, of which said choking and 
 strangling the said male child then and there instantly died ; 
 and so the jurors aforesaid, upon their oaths aforesaid, do say, 
 that the said A. S., the aforesaid male child, in manner and 
 form aforesaid, feloniously, willfully, and of her malice afore- 
 thought, did kill and murder ; against the peace, etc., and con- 
 trary, etc. (Tr. & H. 323.) 
 
 Note. — The above form will illustrate other modes of secret murder by the 
 mother of her bastard child. 
 
 (eZ) Dueling. 
 
 Decisions. — As to section 44, Criminal Code, see Aulger v. 
 The People, 34 111. 486. In some States, deliberate dueling, 
 if death ensues, is murder ; in Illinois it is a high misdemeanor. 
 See Crim. Code, § 43. 
 
 Limitation. — Under section 43, three years ; under sections 
 44 arid 45, one year and six months. Penalty, under section 
 43, imprisoniuent to labor in penitentiary for a term not less 
 than one year, nor more than five years. Under sections 44 
 and 45, incapacity to any oflSce of profit, trust, or emolument, 
 civil or military, under the State govei-nment, and fine not to 
 exceed $100. 
 
 1. Indictment for fighting a duel. 
 
 (E. S. 1845, ch. 30, § 43; Purple, 364; Scates, 379.) 
 
 That A. B., late of C, in the county of C, and State of 
 
 Illinois, by a previous appointment and agreement within this 
 
 State, to wit, at C* aforesaid, in the county aforesaid, in the 
 
 State aforesaid, on the first day of May, in the year of out 
 
Dueling. 57 
 
 Lord , with one C. D., to fight a duel, to wit, at C, afore- 
 said, in the county of C, aforesaid, and State of Illinois, 
 aforesaid, did afterward, to wit, on the first day of June, in 
 the year last aforesaid, at C., aforesaid, in the county of C, 
 aforesaid and State of Illinois, aforesaid, fight a duel with the 
 said C. D., and on the first day of June, in the year last afore- 
 said, with force and arms, at C., aforesaid, in the county of C, 
 aforesaid, and State aforesaid, in and upon the said C. D., 
 feloniously and willfully make an assault; and that the said A. 
 B., a certain deadly weapon, to wit, a certain pistol (the proba- 
 ble consequences of fighting with which pistol, might be the 
 death of the said A. B. or of the said C. D.), then and there 
 charged with gunpowder, and one leaden bullet, then and there 
 feloniously and willfully did discharge and shoot off, to, 
 against, and upon, the said C. D. ; and that the said A. B., 
 with the leaden bullet aforesaid, then and there, by force of 
 the gunpowder aforesaid, by the said A. B. discharged and shot 
 out of the said pistol, as aforesaid, then and there feloniously 
 and willfully did strike, penetrate and wound the said C. D., 
 then and there giving to the said C. D., with the leadep bullet 
 aforesaid, so as aforesaid discharged and shot out of the pistol 
 aforesaid, by the said A. B., in and upon the right side of the 
 belly of the said C. D., a mortal wound, of the depth of four 
 inches and of the breadth of one inch ; of which mortal 
 wound the said C. D., on the first day of June, in the year last 
 aforesaid, then and there instantly died. Contrary, etc., and 
 against the peace, etc. (Tr. & H. 179.) 
 
 2. Indictment for chcdlenging another to fight a duel. 
 
 (lb. § 44 id.) 
 
 That A'. B., late of C, in the county of C, on the first day 
 
 of May, in the year of our Lord ^— , with force and arms, at 
 
 C. aforesaid, in the county aforesaid, willfully and maliciously * 
 
 did write, send and deliver a certain written message to one C. 
 
 D., purporting and intended to be a challengie to the said 
 
 C. I>. to fight a duel with and against the said A. B., with a 
 
 deadly weapon, to wit, a pistol, the probable consequence of 
 
 fighting with which pistol might be the death of either the 
 8 
 
58 Indictments. 
 
 said A. B. or the said 0. D., which writteii message is of the 
 tenor following, that is to say (Jiere insert a copy of the mes- 
 sage) ; against the peace, etc., and contrary, etc. (Arch. 604.) 
 
 3. Indictment for accepting a challenge to fight a duel. 
 
 (Id. §44, id.) 
 
 ( Use No. 2, above, to asterisk [*], and proceed thus :) 
 
 That C. D., late of, etc., on, etc., did accept a certain written 
 message from one A. B., late of C, in the county of C, pur- 
 porting and intended to be a challenge to the said C. D., to 
 fight a duel with and against him, the said A. B., with a deadly 
 weapon, to wit, a pistol, the probable consequence of fighting 
 with which pistol might be the death of either the said 0. D. 
 or the said A. B. ; and the said C. D., then and there, did will- 
 fully and maliciously agree to and with said A. B. to fight a 
 duel with him, the said A. B., with a deadly weapon, to wit, a 
 pistol, pursuant to the challenge aforesaid, which written mes- 
 sage is of the tenor following {here set Out a copy of the mas- 
 sage) ; against the peace, etc., and contrary, etc. 
 
 4. Indictment for carrying a challenge to fight a duel. 
 
 (Id. §45, id.) 
 
 That E. F., late of C, in the county of C, on the first day 
 
 of May, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did willfully and knowingly carry a written 
 challenge from one A. B., late of C. aforesaid, in the county 
 aforesaid, to one 0. D., late of 0. aforesaid, in the county 
 aforesaid, purporting and intended to be a challenge to the 
 said C. D. to fight a duel with and against the said A. B., with 
 a deadly weapon, to wit, with a pistol, the probable conse- 
 quence of fighting with which pistol might be the death of 
 either the said C. D. or the said A. B., which written challenge 
 is of the tenor following, that is to say {here set out the writ- 
 ten, challenge correctly) ; against the peace, etc., and contrary 
 to, etc. 
 
POISONINQ. 59 
 
 {e) Administeeing poison with intent to cause death. 
 This forms tlie subject of clause 1 of section 46 of the Crimi- 
 nal Code. The law of 1853, section 1, page 21.5 ; Purple, 391 ; 
 Scates, 424 ; as to druggists labeling medicines sold by them, 
 is additional legislation, but is subject of justice of peace cog- 
 nizance only, and not of indictment. 
 
 Decisions on clause 1, section 46 of Criminal Code, none. 
 
 Limitation, three years. Penalty, penitentiary, term not 
 less than one year, nor more than seven years. 
 
 1. Indictment for administering poison with intent to cause death. 
 (R. S. 1845, ch. 30, § 46, clause 1 ; Purple, 365 ; Scates, 380.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the j'ear of our Lord , at C. aforesaid, in the 
 
 county aforesaijJ, willfully and maliciously did administer to 
 one J. N., a large quantity of a certain deadly poison, called 
 white arsenic, to wit, two drachms of the said white arsenic, 
 with intent then and there, and thereby feloniously, willfully 
 and maliciously to cause the death of the said J. I^. ; against 
 the peace, etc., and contrary to, etc. 
 
 And" tlie grand jurors aforesaid, selected and sworn as afore- 
 said, in the name and by the authority aforesaid, on their oaths 
 aforesaid, do further present, that the said J. S., late of C. 
 aforesaid, in the county aforesaid, on the first day of July, in 
 the year of our Lord , at C. aforesaid, in the county afore- 
 said, did willfully and maliciously cause to be taken by J. N., 
 of the county aforesaid, a large quantity of a certain * deadly 
 poison called {here follow the first count to the end). 
 
 {If in doubt as to the description of the poison, add a third 
 count thus .•) 
 
 ( Use 2d count above to asterisk [*], and proceed thus :) 
 destructive substance to the grand jurors aforesaid unknown, with 
 intent then and there, and thereby feloniously, willfully and 
 maliciously to cause the death of the said J. N., against the 
 peace, etc., and contrary, etc, (Arch. 439.) 
 
60 Indictments. 
 
 {/) Aboetion. 
 
 This forms the subject of clause 2, of section 46, of Criminal 
 Code. The law of 1867, pages 88, 89, is additional to the 
 above, and provides section 1, against attempts at abortion by 
 the use of instruments; section 2 of the above law of 1867 
 provides, that in case of death of the woman by such means it 
 shall be deemed murder, and be punished accordingly. 
 
 Decisions. — Armstrong v. People, 37 111. 459, as to section 
 46, clause 2, above. None as to law of 1867. 
 
 Limitation. — As to section 46, clause 2, three years; as to 
 section 1, law of 1867, three years ; as to section 2, law of 
 1867, none. 
 
 Penalty. — Under section 46, clause 2, three years in pen- 
 itentiary, and fine not over $1,000. Under section 1, law of 
 1867, not less than two years nor more than ten years in pen- 
 itentiary ; this crime is a high misdemeanor. Under section 
 2, law of 1867, same as murder. 
 
 1. Indictment for administering poison, etc., to cause miscarriage. 
 (R. S. 1845, ch. 30, § 46, clause 2 ; Purple, 366 ; Scates, 381.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, feloniously and unlawfully did administer to, 
 and cause to be taken by one A. N., she, the said A. N., then 
 and there being pregnant with child, a large quantity of a cer- 
 tain noxious substance, called savin, with intent then and 
 thereby then and there to procure the miscarriage of the said 
 A. N. ; against the peace, etc., and contrary to, etc. (Arch. 438). 
 
 Note. — If there be any doubt of the name of the drug, it may be prudent 
 to state it different ways in several counts, and adding a count stating it to be 
 " a certain noxious substance to the grand jurors aforesaid unknown." (Arch. 438.) 
 
 2. Indictment for attempt to procure an abortion hy use of an 
 instrument. 
 
 (Laws 1867, § 1, 88.) 
 
 That J. S., late of C, in the county of C, on the first day 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
Abortio^t, 61 
 
 county aforesaid, feloniously and unlawfully did attempt to 
 procure the miscarriage of one A, N., by then and there 
 feloniously and unlawfully using a certain instrument, the 
 name of which is to the jurors aforesaid unknown, which 
 the said J. S. in his right hand then and there held, by then 
 and there forcing and thrusting the instrument aforesaid into 
 the body and womb of the said A. N., then and there feloni- 
 ously and unlawfully attempting to procure the miscarriage of 
 the said A. N. ; against the peace, etc., and contrary to, etc. 
 (Train & Heard, 10.) 
 
 3. Jndictment for murder in attempting to produce a mis- 
 carriage. 
 
 (Laws 1867, p. 89, § 2.) 
 
 That, before and at the time of the felony and murder 
 hereinafter mentioned, one A. N., late of C, in the county of 
 C. aforesaid, was pregnant with child, and that one J. S., late 
 of same place, feloniously, willfully, and of his malice afore- 
 thought, devising, contriving, and intending feloniously, unlaw- 
 fully, and willfully to cause and procure the miscarriage of the 
 said A. ]S"., she, the said A. N., being then and there pregnant, 
 
 on the first day of July, in the year of our Lord , with 
 
 force and arms, at C. aforesaid, in the county aforesaid, in 
 and upon tlie said A. N., then and there being pregnant with 
 child, feloniously, willfully, and of his malice aforethought, 
 did make an assault, and that the said J. S. feloniously and 
 unlawfully then and there did attempt to procure the mis- 
 carriage of the said A. N., by then and there feloniously and 
 unlawfully using a certain instrument, the name of which is 
 to the jurors aforesaid unknown, which the said J. S. in his 
 right hand then and there held, by then and there forcing and 
 thrusting the instrument aforesaid into the body and womb of 
 the said A. N. ; the said J. S. then and there feloniously, unlaw- 
 fully, willfully, and of his malice aforethought, did, in said 
 attempt to produce the miscarriage of the said A. N., cause 
 the said A. N. then and there instantly to die, to wit, on the 
 day and year last aforesaid, whereby and by force of tlie 
 statute in such case made and provided, the said J. , S. is 
 
62 iNDICTjmiCNTS. 
 
 deemed to have committed the crime of murder. And so 
 the jurors aforesaid, upon their oath aforesaid do say, that the 
 said J. S., the said A. N. in manner and form aforesaid, feloni- 
 ously, willfully, and of his malice aforethought, did kill and 
 murder ; against, etc., and contrary, etc. (See Tr. & H. 305.) 
 
 (^) Mayhem. 
 
 Decisions. — None in Illinois — Commw. v. Newall, 7 Mass. 
 244, decides that mayhem is not a felony at tlie common law. 
 
 Limitation — three years. Penalty — penitentiary, not less 
 than one year, nor more than three years. Proviso. — If 
 the mayhem occur in actual fight, on conviction, it is a high 
 misdemeanor, punished by imprisonment in the penitentiary 
 for a term pot exceeding a year, and fine not more than $1,000. 
 ISTo mayhem in fights by consent, unless the maimed party in 
 good faith declined further combat. 
 
 1. Indictment for maiming. 
 (E. S. 1845, ch. 30, § 47 ; Purp. 365 ; Scates, 381.) ' 
 That A. B., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , with force and arms, at 
 
 C. aforesaid, in the county aforesaid, the said A. B. being then 
 and there armed with a certain dangerous weapon, to wit, a 
 knife, with malicious intent, one C. D., then and there, to 
 maim and disfigure, in and upon the said C. D., feloniously did 
 make an assault, and that the said A. B., with the said knife, 
 the nose of the said C. D., then and there feloniously and 
 maliciously, did cut and slit with malicious intent, then and 
 there, and thereby in manner aforesaid, the said C. D. then 
 and there to maim and disfigure ; against the peace, and con- 
 trary to, etc. (Train & Heard, 384.) 
 
 (/i) Eape. 
 Decisions.— Barney v. People, 22 111. 160 ; Smith v. People, 
 25 id. 17 ; Reg. v. Christian, C. & Mar. 187 ; Reg. v. Folhes, 1 
 
Hapu. 63 
 
 Moo. 0. C. 344; Bex v. Gray, 7 C. & P. 164; Beg. v. Allen, 
 2 Moo. C. C. 179 ; Bex v. Warren, 1. Russ, 686. 
 
 Limitation — tliree years. Penalty — penitentiary not less 
 than one year, and m&y be life. This crime is infamous under 
 section 174 of the Criminal Code. 
 
 1 . Indictment for rape, 
 (R. S. 1845, ch. 30, § 48 ; Purp. 366 ; Scates, 381.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , with force and arms, at 
 
 C. aforesaid, in the county aforesaid, * in and upon one A. IS., 
 violently and feloniously did make an assault, and her, the said 
 A. N., then and there, did ravish and carnally know, forcibly 
 and against the will of her, the said A. N. ; agains^ the peace, 
 etc., and contrary, etc. (Arch. 453.) 
 
 2. Indictment for rape on a woman child under ten years of 
 age. (Id.) 
 
 {Use No. 1, above, to asterisk [*], and proceed thus :) 
 in and upon one C. D., a female child under the age of ten 
 years, to wit, of the age of nine years, feloniously did make an 
 assault, and her, the said C. D., then and there feloniously did 
 unlawfully and carnally know and abuse ; against the peace, 
 etc., and contrary, etc. (Arch. 483.) 
 
 («) Crime against natuee. 
 
 Decisions. — None in Illinois. As to Bestiality, see Beg. 
 V. Allen (1 Car. & Kir. 495). In Sodomy, the word " bug- 
 gery " is essential. (2 Stark. Cr. PI. 436.) The crime against 
 nature is infamous under section 174 of the Criminal Code. 
 
 Limitation — three years. Penalty — penitentiary not less 
 than one year, and may extend to life. 
 
 1. Indictment for sodomy. 
 (R. S. 1845, ch. 30, § 50; Purp. 366; Scates, 381.) 
 That J. S., late of C, in the county of C, on the first day 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
64 Indictments. 
 
 county aforesaid,* in and upon one J. IS., then and there 
 being, feloniously did make an assault, and then and there 
 feloniously, wickedly, and against the order of nature, had a 
 vcjiereal affair with tlie said J. N., and then and there, feloni- 
 ously and carnally knew him, the said J. N., and then and there 
 feloniously, wickedly and against the order of nature, with the 
 said J. N., did commit and perpetrate that detestable and 
 abominable crime of buggery (not to be named among Chris- 
 tians) ; against the peace, etc., and contrary, etc. (Arch. 486.) 
 
 2. Indictment for bestiality. 
 
 (E. S. 1845, eh. 30, § 50. Id.) 
 
 ( ITse No. 1, above, to asterisk [*], and proceed thus :) 
 with a certain cow {or any animal), then and there being, 
 feloniously, wickedly and against the order of nature, had a 
 venereal affair, and then and there feloniously, wickedly, and 
 against the order of nature, carnally knew the said cow, and 
 then and there feloniously, wickedly and against the order of 
 nature did commit and perpetrate that detestable and abomin- 
 able crime against nature (not to be named among Christians) ; 
 against the peace, etc., and contrary to, etc. (Arch. 486.) 
 
 3. Another precedent for same. (Id.) 
 
 That C. D., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at C, in the county of C, 
 
 feloniously, wickedly and against the order of nature, did com- 
 mit the abominable and detestable crime against nature, with a 
 certain beast, to wit, with a cow, by then and there having 
 carnal knowledge of the body of said cow ; against the peace, 
 etc., and contrary to, etc. (Train & Heard, 469.) 
 
 {j) Assaults. 
 
 A common assault is the subject of justice of the peace juris- 
 diction, and not indictable. 
 
 Assaults, with intent to felonies, are the subject of clause 1, 
 section 52, Criminal Code, and are indictable. 
 
 Assaults, with intent to bodily injuries, are the subject of 
 clause 2 same section, and are indictable. 
 
Fmloniovs Assaults. 65 
 
 Decisions. — Under elawae 1, § 52. 1 Scam. 285 ; 2 id. 267 ; 
 3 id. 474; 19 111. 118 ; 26 id. 600-1, all relating to forms of 
 indictment, bonds and record ; and see on pleading, Curtis v. 
 People, Breese, 197 ; Curtis t. People, 1 Scam. 285 ; CormoUy 
 V. People, 3 id. 474 ; Perry v. People, 14 111. 496 ; Hophvnsom^ 
 V. People, 18 id. 264; Carpenter v. People, 4 Scam. 197; 
 Beckwith, v. People, 26 111. 500. 
 
 Under clause 2, same section, People v. Batighman, 18 HI. 
 152, and cases cited ; Carpenter v. People, 4 Scam. 197 ; Beck- 
 with V. People, 26 HI. 500 ; Sharp v. People, 29 id. 464 ; 
 Severin y. People, 37 id. 414 ; Coughlin v. People, 18 id. 267. 
 
 Limitation. — Under clause 1, three years. Under clause 2,, 
 eighteen months. Penalty, Under clause 1, penitentiary, not 
 less than one year, nor more than fourteen years. Under 
 clause 2, fine not less than $25 nor more than $1,000, or 
 imprisonment in county jail not exceeding a year, or both, in, 
 the discretion of the court. (Law 1859,. § 1, p. 153.) 
 
 {a) Assaults with xntent to felonies. 
 1. Indictment for an assault with intent to murder.. 
 (K. S. 1845, ch. 30, § 52, claus.e 1 ; Purple, 366; Scates, 381..) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, with force and arras, * in and upon one J. 
 N., in the peace of God and of the people, etc., then and there- 
 being, with a certain dangerous weapon, to wit, with a knife, 
 with which the said J. S. was then and there armed, feloniously,, 
 willfally, and of his malice aforethought, did make an assault,, 
 and the said J. If. in and upon the right side of the belly^ 
 between the short ribs of him the said J. 1^., then and there 
 feloniously and unlawfully did stab, cut and wound with 
 intent the said J. K., then and there with the knife afore- 
 said, feloniously, willfully and of his malice, aforethought, the 
 said J. N., to kill and murder;, agaiiist the peace, etc., and 
 contrary, etc, (Arch. 449.) 
 
 Note. — The forms for indictment fir murder given ante, wiU mggest several 
 form*, tinder this head.. * 
 
66 Indictments. 
 
 2. Same,with intent to rape. (Id.) 
 ( Use 27b. 1, above, to asterisk [*], and proceed thus :) 
 in and upon one A. N, feloniously did make an assault with 
 intent her, the said A. N., then and there feloniously to ravish * 
 and carnally know, by force and against her will ; against the 
 peace, etc., and contrary, etc. 
 
 3. Same, with intent to rape a woman child under ten years of 
 age. (Id.) 
 
 ( Use No. 1, above, to asterisk [*] and proceed thus :) 
 in and upon one C. D. a female child under the age of ten 
 years, to wit, of the age of nine years, feloniously did make an 
 assault with intent her, the said 0. D., then and there feloni- 
 ously to carnally know and abuse; against, etc., contrary, etc. 
 
 4. Same, with intent to mayhem. (Id.) 
 ( Use No. 1, above, to asterisk [*] and proceed thus :) 
 the said J. S. being then and there armed with a dangerous 
 weapon, to wit, a kinfe, in and upon one J. N. feloniously did 
 make an assault, with the malicious intent the said J. 1^. then 
 and there to maim and disfigure, by then and there feloniously 
 and willfully cutting off the nose of the said J. 'N., against the 
 peace, etc., and contrary to, etc. 
 
 5. Sam,e, with intent to robbery. (Id.) 
 
 ( Use No. 1, above, to asterisk [*] and proceed thus :) 
 the said J. S. in and upon one J. N. feloniously did make an 
 assault, and the said J, N. then and there feloniously did put 
 in fear, with intent one gold watch of the value of one hundred 
 dollars of the goods and chattels of the said J. N. from the 
 person, and against the will of the said J. N., then and there 
 feloniously, and by force and violence, to rob, steal, take and 
 carry away ; against the peace, etc., and contrary to, etc. 
 
 6. Same, with intent to larceny, (Id.) 
 {Use No. 1, above, to asterisk [*] and proceed thus:) 
 
 the said J. S. in and upon one J. N. feloniously did make an 
 assault, with intent one gold watch of the value of one hundred 
 
False Imprisonment. 67 
 
 dollars of the goods and chattels of the said J. N"., then and 
 there in the possession of said J. N. being found, feloniously to 
 steal, take and carry away ; against the peace, etc., and con- 
 trary to, etc. 
 
 (J) Aggeavated assaults. 
 1. Indictment for an assault with a deadly weapon, with intent 
 to commit bodily injury. 
 
 (E. S. 1845, ch. 30, § 52, clause 2, id.) 
 { Use No. X, above, to asterisk [*], and proceed thus :) 
 with a deadly weapon, to wit, a certain knife, upon one J. N. 
 did then and there unlawfully make an assault with intent 
 then and there unlawfully to inflict upon the person of the said 
 J. N. a bodily injury, no considerable provocation then and 
 there appearing. 
 
 2. Indictment for an assault with a slung shot, with intent to 
 commit a bodily injury. (Id.) 
 
 {Use No. 1, above, to asterisk [*], and proceed thus :) 
 with a certain knife, the same being then and there a deadly 
 weapon, unlawfully, willfully and maliciously, did make 
 an assault upon one J. N"., with intent then and there to 
 inflict upon the person of the said J. N. a bodily injury, 
 where the circumstances of said assault showed an abandoned 
 and malignant heart. 
 
 (Jc) False impeisonment. 
 
 Decisions. — Taylor v. Cottrell, 16 111. 93 ; Slomer v. People, 
 25 id. 70 ; 2 Inst. 589 ; Cro. Car. 210 ; Chinn v. Morris, 2 0. 
 & P. 361 ; PoGoch v. Moore, Ey. &. M. N. P. 321 ; Eex \. 
 Smith, 2 C. & P. 449. 
 
 Limitation — eighteen months. Penalty— ^fme, not over 
 $500. or imprisonment in county jail not over one year. 
 
68 Indictmsnts. 
 
 1. Indictment for false, imprisonment 
 
 (E. S. 1845, ch. 30, § 54; Purple, 366; Scates, 382.). 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of Lord , at 0. aforesaid, in the county 
 
 aforesaid, in and upon one J. N., did make an assault, and him, 
 the said J. JST., then and there unlawfully and injuriously, and 
 against the will of the said J. N., and also against the laws of 
 this State, and without any legal warrant, authority, or reason- 
 able or justifiable cause whatever, did deprive of his, liberty, 
 imprison and detain so, imprisoned there, for a long space of 
 time, to wit, for the space of ten hours then next following, and 
 other wrongs, to the said J. IT. then and there did, to the great ' 
 damage of the said J. N". ; against the peace, etc., and contrary 
 to, etc. (Arch. 470.) 
 
 (l) KiDlfAPPING. 
 
 This head embraces sections 55, 56 and 57 of the Criminal 
 Code ; section 56 is obsolete so far as it relates to any fugitive 
 slave law ; section 57 is obsolete, slavery having been abolished. 
 Kidnapping is infamous. See § 174. 
 
 Decision — Moodfy v. People, 20 111. 315. Penalty — peni- 
 tentiary, not less than one year, nor more than seven years, for 
 each person kidnapped, or attempted to be kidnapped. 
 
 1. Indictment for kidnaping. 
 (R, S. 1845,, ch. 30, § 56; Purple, 366; Scates, 382.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, feloniously and forcibly did steal and take 
 
 one J. N., and carry him to the State of , against the 
 
 will of the said J. N". ; against the peace, etc., and contrary to, 
 etc.- . 
 
 2. Sam&^ without establishing a claim, etc. (Id.) 
 That J. S., late of C, in the county of C, on the first day of 
 Jmly, in the year of our Lord — — , at C. aforesaid, in the 
 county aforesaid, feloniously and forcibly, and without lawful 
 
Combinations. 69 
 
 autliority did arrest one J. N. with a design him out of this 
 State to take, he the said J. S. not having established a claim 
 thereto according to the Laws of the United States ; against 
 the peace, etc., and contrary to, etc. 
 
 (m) Theeats, steikes, etc., to peevent woek at lawful 
 
 BUSIlfESS. 
 
 (Laws 1863, p. 70, § 1.) 
 
 Decisions — none. Z/imitation — eighteen months. Penalty 
 — Jme not over $100. These offenses may be subject of justice 
 of the peace jurisdiction. (See Law 1863, p. 54.) 
 
 1. Indictment for threats to prevent a person to work at ttny 
 lawful business. 
 
 (Laws 1863, p. 70, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at 0. aforesaid, in the 
 
 county aforesaid, unlawfully, willfully and maliciously did 
 threaten one J. N. with bodily harm, with intent thereby, 
 then and there unlawfully and maliciously to prevent said 
 J. N. from working at his lawful business, on such terms as he 
 the said J. N. saw fit ; against the peace, etc., and contrary, etc. 
 
 (w) Combinations jco depbive owners of lawtful use of peop- 
 
 EETT, AND THEEATENING EMPLOYEES, ETC. 
 
 (Laws 1863, p. 70, § 2.) 
 
 Decisions — none. Limitation — eighteen months. Penalty 
 ^fine not over $500, or county jail not over six months. 
 
 1. Indictment for combination to deprive an owner of propeHy 
 of its lawful use, etc. 
 
 That J. S., late of C, in the county of C, J. "W"., late of 
 same place, and E. W. also late of same place, on the first day 
 
 of July, in the year of our Lord , at C, aforesaid, in the 
 
 county aforesaid, did among themselves unlawfully, willfully 
 and maliciously combine, confederate and agree together * to 
 
70 Indictments. 
 
 deprive J. N"., of same place (he, the said J. N., being then the 
 owner \or possessor] of a certain coal bank- [cmy property] 
 there situate, to wit, at C. aforesaid, in the county aforesaid), 
 of the lawful use and management of the coal bank aforesaid ; 
 against the peace, etc., and contrary to, etc. 
 
 2. Same for combination to prevent employees from, laboring, 
 etc. (Id.) 
 
 ( Use next preceding form to asterisk [*], and proceed thus :) 
 to prevent J. N"., an employee of one A. B., the owner {or posses- 
 sor) of a certain coal bank there situate, to wit, at C. aforesaid, 
 in the coimty aforesaid, from being employed by the said A. B., 
 in the coal bank aforesaid, on such terms as the said J. IT. 
 might agree upon with said A. B., and that in pursuance of 
 the combination aforesaid, the said J. S., J. W. and E. "W., on 
 said first day of July, in the year aforesaid, at C. aforesaid, in 
 the county aforesaid, unlawfully, willfully and maliciously did 
 threaten and suggest bodily danger to the said J. N., with 
 intent to prevent said J. IS. being employed by said A. B., on 
 such terms as the said J. IS. and said A. B. might agree upon ; 
 against the peace, etc., and contrary to, etc. 
 
 (o) Unlawful entet of coal banks. 
 
 Decisions — none. Li/mitations — eighteen months. Penalty 
 — under Laws 1863, page 70, § 3, fine not over $500, and county 
 jail not over six months. Under Laws 1863, page 70, § 4, 
 same fine or imprisonment or both. 
 
 1. Indictment for entering another's coal bank without permis- 
 sion. 
 
 (Laws 1863, p. 70, § 3.) 
 
 That heretofore, and before the first day of July, in the year 
 
 of our Lord , A. B., late of 0., in the county of C, being 
 
 owner {or manager) of a certain coal bank there situate, to wit, 
 at C. aforesaid, in the coujity aforesaid, did prohibit one 0. D. 
 of same place from entering the coal bank aforesaid by notice 
 
Arson. 71 
 
 to that effect. That afterward, to wit, on the day and year 
 aforesaid, the said 0. D. did unlawfully enter the coal bank 
 aforesaid, without the consent and permission of said A. B, 
 owner {manager) aforesaid, of the coal bank aforesaid ; against 
 the peace, etc., and contrai-y to, etc. 
 
 2. Iiidictment for entering same, with intent to injury, etc. (Id, 
 §3.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* did unlawfully and maliciously enter the 
 coal bank of one J. IS. there situate, with intent unlawfully 
 and maliciously then and there tO' injure the same; against the 
 peace, etc., and contrary to, etc. 
 
 3. Same, for causing an employee of a coal bank, to leave same 
 by threats, etc. (Id.) 
 
 ( Use No. 2, last above, to asterisk [*], and proceed thus :) 
 unlawfully and maliciously did threaten bodily harm to one J. 
 N., and did then and there thereby intimidate said J. N., and 
 then and there did thereby cause him, the said J. N., to leave 
 his employment in the coal bank of one A. B. there situate, to 
 wit, at C. aforesaid, in the county aforesaid ; against the peace, 
 etc., and contrary, etc. 
 
 Section 4. Ceimes against HAsnATioNS. 
 This section embraces sections 58, 59 and 60 of the Criminal 
 Code (and see L. 1859, p. 16, and L. 1859, p. 154, also Laws 
 1869, p. 4, §§ 1, 2, 3.) 
 
 (a) Aeson. 
 Decisions. — Clark v. The People, 1 Scam. 117, is now 
 obsolete. . Arson must be laid " feloniously, willfully and 
 maliciously." 2 East P. C. 1033 ; and see in general. Rex v. 
 Turner, 1 Moo. C. C. 239 ; Commonwealth v. Chapmari., 6 "Whar. 
 427; 3 Greenl. Ev. § 56; Commm. v. Belton, 5 Cush. 427; 
 Same v. Van Schaick, 16 Mass. 105 ; McLane v. The State, 4 
 Georgia, 335, 338 ; 3 Greenl. Ev. § 52. Designate the injured 
 
72 Indictments. 
 
 person correctly. Corrnnw. v. Wads, 17 Pick. 395 ; State r. 
 Lyon, 12 Conn. 487. 
 
 Limitation — three years. Penalty, under section 58 and 
 Jaw of 1859, section 1, page 16, penitentiary not less than one 
 year, nor more than ten years, and if death ensues, it is mur- 
 der, and punished as such. Arson is infamous, § 174. IJnder 
 Laws 1869, § 1, penitentiary not less than one year, nor over 
 ten years. 
 
 1. Indictment for arson at common law. 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaidjf feloniously, willfully, and maliciously did set 
 fire to* and burn a certain dwelling-house of one J. IS.,, then 
 and there situate ; against the peace, etc. (Matthews Cr. L. 436.) 
 
 2. Indictment for burning a dwdling-home. 
 
 (E. S. 1845, ch. 30, § 58 ; Purple, 367; Scates, 382.) 
 
 ( Use No. 1 to asterisk [*], and proceed thus :) 
 the dwelling-house of J. N., there situate, and the same did 
 thereby then and there burn and consume ; against the peace, 
 etc., contrary to, etc. (Arch. 313.) 
 
 3. Another form for same. (Id.) 
 ( Use No. 1 to dagger [f ], and proceed thvs :) 
 the dwelling-house of one J. N^., there situate, feloniously, 
 unlawfully, willfully, and maliciously did burn and consume ; 
 against the peace, etc., and contrary, etc. 
 
 4. Indictment for burning a kitchen. (Id.) 
 {Use No. 1 to dagger [f], and proceed thtcs:) 
 feloniously, willfully, and maliciously did set fire to a kitchen 
 of one J. N., there situate, and the same did thereby burn and 
 consume ; against, etc., and contrary, etc. 
 
 Note.— The statute mentions, besides "any dwelling-liouse, kitchen" — 
 " office, shop, barn, stable, store-house, warehouse, malt-house, stilling-house, 
 tactory, mill, pottery, or other building, the property of any other person." 
 The above forms will readily enable the pleader to frame the necessary indict- 
 ment. § 3 of Laws of 1869 states what is sufficient to allege in the indictment. 
 
Arson. 73 
 
 5. Indictment for hurmng a chvirch, (Id.) 
 (ZZse No, 1 to asterisk (*), and proceed thus :) 
 a certain cliurch there situate, of tlie property of the Methodist 
 Episcopal church {or as the case may he), in C. aforesaid, in the 
 county aforesaid, and erected for public use, to wit, for the 
 public worship of Almighty God, and same feloniously, unlaw- 
 fully, willfully, and maliciously did then and there burn and 
 consume ; against the peace, etc., and contrary, etc. 
 
 6. Indictment for burning a court-house. (Id.) 
 ( Vise No. 1 to asterisk [*], and proceed thus :) 
 a certain court-house, of the property of the county of C. 
 aforesaid, in C. aforesaid, in said county situate, and erected 
 for public use, to wit, for the transaction of the public business 
 of the citizens of said county, feloniously, unlawfully, willfully, 
 and maliciously did then and there burn and consume ; against, 
 etc., and contrary, etc. 
 
 Note. — The foregoing form will illuBtrate an indictment for arson of a 
 meeting-house, school-house, state-house, work-house, jail, or other public 
 building. 
 
 V. Indictment for turning a boat, 
 {Use No. 1 fo asterisk (*), and proceed thus :) 
 a certain boat called the Etna, the property of J. N., then and 
 there lying and being within said county, feloniously, willfully, 
 and maliciously did then and there bum and consume ; against, 
 etc., and contrary, etc. 
 
 8. Indictment for burning a bridge. (Id.) 
 ( Use No. 1 to asterisk [*], and proceed thus .-) 
 a certain bridge erected across the waters of a certain creek, 
 called Goose creek, in the county and State aforesaid situate, 
 the property of the county of 0. aforesaid, then and there being 
 within the county aforesaid, of the value of fifty dollars, feloni- 
 ously, unlawfully, willfully, and maliciously did then and there 
 burn and consume ; against, etc., and contrary, etc. 
 10 
 
74 Indictments. 
 
 (S) Attempt at akson. 
 
 TJnder section 69 of the Criminal Code, setting fire to any 
 of the buildings or other property mentioned in section 58, 
 with intent to burn same, is a high misdemeanor. 
 
 Limitation — three years. Penalty — penitentiary not over 
 two years, and fine not over 
 
 1. Indictment for setting fire to a dwelling-house with intent, 
 etc. (Id. § 59, id.) 
 
 {Use No. 1, Arson, above, to asterisk [*], and proceed thus :') 
 
 feloniously, unlawfully, willfully, and maliciously did set fire 
 
 to a dwelling-house of J. IST., there situate, with intent thereby 
 
 then and there feloniously, willfully, and maliciously to burn 
 
 and consume the same ; against, etc., and contrary, etc. 
 
 Note. — The foregoing precedents for arson will enable the pleader to pre- 
 pare indictments onder section 59. 
 
 (c) Aesoit with intent to deeeaud an insueance company, 
 
 AND other PUEPOSES. 
 
 The Law of 1859, section 1, page 16, " further defining arson," 
 provides, that if any owner, lessee, or occupant of any of the 
 kinds of property in section 58 of the Criminal Code, shall 
 willfully and maliciously set fire to the same, with intent to 
 burn the goods, chattels, and fixtures of any other person, body 
 politic or corporation then in said building, shall be guilty of 
 arson, and punished accordingly. See Laws 1869, p. 4, § 1. 
 
 Limitation, under this clause and Law of 1869 — three years ; 
 2i,T[iA penalty as in section 58 above, and so of clauses 2, 3, and 4 
 helow. 
 
 Clause 2 of same Law of 1859, section 1, makes it arson in 
 same parties as in clause 1, to set fire to same building with • 
 intent to defraud any insurance company by consuming the 
 building, or by consuming his own goods and chattels or 
 fixtures thereon. 
 
 Same limitation and penalty. , 
 
 Clause 3 of same law, section 1, makes it arson to wantonly 
 set fire to any building, with intent to burn an adjoining build- 
 ing, the property of another. 
 
Arson with Intent, etc. 75 
 
 Section 1 of same statute makes it murder, if any life or 
 lives be lost in consequence of any of the burnings under that 
 
 section. 
 
 1. Indictment for huming an insured dwelling-house. 
 
 (L. 1859, § 1, p. 16.) 
 
 ( TTse JVb. 1, tif Arson to dagger [f], and proceed thus :) 
 feloniously, willfully and maliciously did set "fire to a dwelling- 
 house therein situate, the property of the said J. S. there situ- 
 ate, with intent thereby, then and there to defraud a certain 
 insurance company, called {hej'e name it hy its corporate name), 
 by consuming and burning the dwelling-house aforesaid ; against, 
 etc., and contrary, etc. (Arch. 313.) 
 
 Note — An indictment on any of the cases in section 1, Law of 1859 above, 
 can be readily formed from the above, by attending to the words of the 
 statute. 
 
 2. Indictment for murder by arson. 
 
 (Id. § 58, id. and L. 1859, p. 16, § 1.) 
 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, feloniously, willfully and maliciously did 
 set fire to a certain dwelling-house, the property of said J. S., 
 there situate, with intent to communipate fire to an adjoining 
 house, the property of one J. N., there situate, one J. L. and M. 
 his wife, then, to wit, at the time of committing the felony afore- 
 said, being in the said dwelling-house so adjoining as aforesaid. 
 
 And the jurors aforesaid, selected and sworn as aforesaid, in 
 the name and by the authority aforesaid, on their oaths afore- 
 said, do further present : That, afterward, to wit, on the third 
 
 day of August, in the year of our Lord , at C. aforesaid, 
 
 in the county aforesaid, by means of the said setting fire to, 
 and burning of the dwelling-house aforesaid, of the said J. S., 
 there situate, by the said J. S., a certain house adjoining 
 thereto, the property, of one J. N"., there situate, wherein the 
 said J. L. and M., his wife, then and there were, the said J. L. 
 and M., his wife, then and there so being in said dwelling-house, 
 were then and there burnt and consumed, and of the burning 
 and consuming aforesaid died, to wit, on the third day of 
 
76 Indictments. 
 
 August, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid. And so the jurors aforesaid upon their oath 
 aforesaid, do say, that by force of the statute in such case made 
 and provided, the said J. S., in the manner and form aforesaid 
 feloniously, -willfully and of his malice aforethought, the said 
 J. L., and M., his wife, at C. aforesaid, in the county aforesaid, 
 did kill and murder ; against, etc., and contrary, etc. 
 
 {3) BUEGLAET. 
 
 This is the subject of section 60, of the Criminal Code, and 
 see Laws of 1869, p. 190, § 1. 
 
 Decisions. ^-SioTie in Illinois. For burglary in general, see 
 1 Hale P. C. 546 ; Wilmot's Law of Burglary. It must be 
 in the night. Thomas v. State, 5 How. (Miss.) 20 ; State v. 
 Wilson, Coxe, 439, 440. Precise hour not necessary. Commw. ' 
 V. Williams, 2 Gush. 582. Night is between twilight in evening 
 and that of the morning. State v. Bancroft, 10 N. H. 105. 
 Feloniously essential. 2 Hale P. C. 184. Name of owner must 
 be accurate. Commw. v. Williams, 2 Gush. 682. The place in 
 dwelling-house. Commw. v. Alwell, 1 Mass. 245. "With intent. 
 1 Hale P. C. 549. Different intents. Jiex v. Thompson, 2 
 East P. C. 515. 
 
 Li/mitation — three years. Penalty — penitentiary, not less 
 than one year, nor more than ten years. This crime is infamous. 
 (Criminal Code, § 174.) 
 
 1. Indictment for hurglary and assault with intent to murder. 
 
 (E. S. 1845, ch. 30, § 60; Purple, 367; Scates, 383.) 
 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in .the year of our Lord , at the hour of ten 
 
 o'clock in the night of the same day, at C. aforesaid, in the 
 county aforesaid, f the dwelling-house of one J. N., there sit- 
 uate, willfully, maliciously and forcibly, did break and enter, * 
 with intent him the said J. IS.., then and there, feloniously, 
 willfully, and of his nialice aforethought to kill and murder, 
 contrary to the form of the statute in such case made and pro- 
 
Burglary. 77 
 
 vlded, and against the peace and dignity of the people of the 
 State of Illinois. 
 
 2. Same with intent to rob. (Id.) 
 ( Use JVb. 1 to asterisk [*], and proceed thus :) 
 •with intent from the person and against the will of the said 
 J. N., then and there feloniously, and by force and violence, 
 one gold watch, of the value of one hundred dollars, of the goods 
 and chattels of the said J. N., to steal, take and carry away ; 
 against, etc., and contrary, etc. 
 
 3. Same with intent to rape, (Id.) 
 {As in No. 2, above, and proceed thus :) 
 with intent, her, the said A. N. violently and against her willj 
 feloniously to ravish and carnally know; against, etc., and con- 
 trary, etc. ^ 
 
 4, Count for larceny. 
 And the jurors aforesaid, upon their oaths aforesaid do fur- 
 ther say that the said J. S. in the said dwelling-house aforesaid 
 
 in the night-time of the day of , in the year of our 
 
 Lord , at the county of aforesaid, with a certain 
 
 hatchet, which he, the said J. S., then and there in his right 
 hand had held, did then and there unlawfully, feloniously and 
 maliciously make an assault, upon the said J. N. with intent 
 then and. there unlawfully, feloniously and maliciously the 
 said J. N. to kill and murder. 
 
 5. Sam^ with intent to larceny. (Id.) 
 
 ( Use Ifo. 1 to* and proceed thus:) 
 with intent, the goods and chattels of the said J. N., in the 
 said dwelling-house then and there being, feloniously to steal, 
 take and, carry away ; against, etc., and contrary', etc. 
 
 Note. — Section 60, Criminal Code, makes the offense Gomplete where the 
 burglary is with the Intent to commit murder, etc. The burglary and the 
 actual murder may be joined in one indictment, the above section 60 does not 
 alter the common law in this respect. 
 
78 Indictments. 
 
 6. Indictment for burglary and murder. 
 ( Use No. \ to* and proceed thus :) 
 and that the said J. S., then and there in the said dwelling- 
 liouse, in and upon the said J. N. in the said dwelling-honse, 
 then and there being, feloniously and malidously did make an 
 assault, and in and upon the said J. IS", feloniously, willfully, 
 and of his malice aforethought, with a certain knife, the said 
 J. ]Sr. in and upon the left side of the breast of the said J. N., 
 then and .there feloniously, willfully, and of his malice afore- 
 thought, did strike, cut, stab, and thrust, giving to the said 
 J. N., then and there with the knife aforesaid, in and upon the 
 left side of the breast of the said J. N., one mortal wound of 
 the length of one inch and of the d^ptli of three inches, 
 of which mortal wound the said J. K. then and there instantly 
 died. And so the jurors aforesaid, upon their oaths aforesaid, 
 do say, that the said S. S. the said J. N., in manner and form 
 aforesaid, then and there feloniously, willfully, and of his 
 malice aforethought, did kill and murder ; against, etc. (Arch. 
 406.) 
 
 *!. ^Indictment for burglary without breaking in, and for assault 
 with intent to murder. (Id.) 
 
 ( Use JSfo. 1 to [f ], and proceed thus :) 
 the dwelling-house of one J. N. there situate, willfully and 
 maliciously did enter through a window of the said dwelling- 
 house, the said window being open, in and upon the said J. N., 
 in the said dwelling-house then and there being, feloniously 
 and burglariously did make an assault, with intent the said J. 
 N. then and there feloniously, willfully, and of his malice afore- 
 thought, to kill and murder; against, etc., and contrary, etc. 
 
 (e) BUEGLAET OF SCHOOL-HOUSE AND EAILKOAD CABS. 
 
 The law of 1859, page 154, creates this offense, and makes 
 it burglary to break and enter a school-house, or freight or 
 passenger railroad car, with intent to rob or commit felony. 
 
 Decisions — none. 
 
Robbery. 79 
 
 Limitation — three years. Penalty — penitentiary, not less 
 than one year nor more than ten years. This crime is infa- 
 mous. (See § 174.) 
 
 1. Indictmeftt for burglary of a school-house with intent to rob. 
 
 (Law 1859, p. 154, § 3.) 
 
 That J. S., late of C, in the comity of C, on the first day 
 
 of July, in the year of our Lord , at 0. aforesaid, in the 
 
 county aforesaid, about the hour of ten o'clock in the night 
 of the same day, at C. aforesaid, in the county aforesaid,* a 
 certain school-house there situate, the property of {namie the 
 oioner), and erected for public use, to wit, the education of the 
 children of the inhabitants of C. aforesaid, then and there 
 maliciously,burglariously, willfully and forcibly did break and 
 enter into, with intent feloniously to rob, steal, take, and carry 
 away the goods and chattels of said {owner) ; against, etc., con- 
 trary, etc. 
 
 2. Indictment for burglary in railroad freight car. (Id.) 
 ( Use next p'eceding form to *, and go on thus .•) 
 a certain railroad car used for transportation of freight, then 
 and thei'e being, the property of (name the railroad company'), 
 then and there maliciously, burglariously, willfully and forcibly 
 did break and enter into, with intent then and there, in said 
 railroad freight car, to rob, steal, take, and carry away the 
 goods and chattels of said {railroad company), therein then 
 and there being ; against, etc., and contrary, etc. 
 
 Section 5. Crimes against peopeett. 
 This section forms division YII of the Criminal Code, sec- 
 tions 61-72, and comprises the statutes passed subsequently. 
 
 (a) EOBBEET. 
 
 Decisions. — None in Illinois. The indictment must aver 
 taking from the person by violence, or putting in fear, and all 
 
80 INDICT3IENTS. 
 
 the averments in larceny. Commonwealth v. Clifford, 8 Cash. 
 215. The name of the party injured, if known, must be stated, 
 and that the articles were his property, or of another, and taken 
 by defendant. Rex v. Turner, 1 Leach C. 0. 536; 8 Cnsh. 215. 
 Where the statute is general, as in Illinois, at or near the high- 
 way need not be alleged. Rex v. Johnston, 2 East P. C. 786. 
 
 Limitation — three years. Penalty — penitentiary, not less 
 than one, nor more than fourteen years. This crime is infamous 
 under section 174. 
 
 1. Indictment for robbery at common law. 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid,* in and upon one J. N., feloniously did 
 make an assault, and the said J. N. in bodily fear, and danger 
 of his life, then and there feloniously did. put, and one gold 
 watch of the value of one hundred dollars, of the goods and 
 chattels of the said J. N., from the person and against the will 
 of the said J. N., then and there feloniously and violently did 
 rob, steal, take and carry away ; f against the peace, etc., and 
 contrary, etc. 
 
 2. Indictment for robbery with violence. 
 
 (E. S. 1845, ch. 30, § 61 ; Purp. 368 ; Scates, 383.) 
 
 ( Use No. 1 to f , and go on thus :) 
 and that the said J. 8. immediately before he so robbed the 
 said J. N. as aforesaid, him, the said J". S., feloniously did 
 strike and beat; against, etc., and contrary, etc. 
 
 3. Same for robbery, not being armed. (Id.) 
 {Vse No. 1 to *, and go on thus ;) 
 in and upon one J. !N". feloniously did make an assault, and 
 the said J. N., then and there, did intimidate and put in fear, 
 and one gold watch of the value of one hundred dollars, of 
 the goods and chattels of the said J. N., from the person, and 
 against the will of the said J. IS"., then and there, feloniously. 
 
Larceny. 81 
 
 and by force and violence did rbb, steal, take and Carry away ; 
 against, etc., and contrary, etc. 
 
 Note. -■- An indictment for robbery by two or more persons in company, 
 ■will be the same as against an individual, except, that it should charge that 
 the defendants together robbed ; if one only be arrested, he must be charged 
 by name, " and a certain other person (or certain other persons) to the jurors 
 aforesaid unknown." 
 
 (5) Laeoent. 
 
 This is the subject of section 62 of the Criminal Code, and 
 of subsequent legislation, namely : Laws 1859, p. 126, § 3 ; id. 
 1865, p. 106, §§ 1, 2, 3, 4 ; id. 1867, March 5, p. 90, § 1 ; id. 
 June 28, p. 3T, § 1 ; id. 1869, p. 22, also p. 69, § 28, also p. 190, 
 §§ 1, 5, 6 and 7. 
 
 Deoidons. — Tyler v. People, Bre. 227 ; Lane v. People, 5 
 Gilm. 305 ; Farrell v. People, 16 111. 506 ; Welsh\. People, 17 
 id. 339 ; Barnes v. People, 18 id. 53 ; Hildreth v. People, 32 
 id. 36 ; Baldwin v. People, 1 Scam. 304 ; Jones v. People, 12 
 111. 259 ; Conkwright v. People, 35 id. 204 ; Baxter v People,. 
 3 Gilm. 383; Monoughan v. People, 24 111. 340; Myersy. 
 People, 26 id. 173 ; Highland v. People, 1 Scam. 392 ; Sawyer 
 V. People, 3 Gilm. 53 ; Arnold v. Ludlam, 38 111. 190 ; People 
 V. Jackson, 8 Barb. 637 ; Commonwealth v. James, 1 Pick. 375 y 
 State V. Clark, 8 Ired. 226; State v. Logan, 1 Mo. 377; 8tat& 
 V. Powell, 3 Gill & Johns, 310 ; State v. Brown, 1 Dever, 137. 
 
 The above will suffice, the decisions are very numerous. 
 
 Limitation. — Three years, when the value of the stolen 
 property is over $15 ; eighteen months, when under. Second! 
 convictions, three years (Law 1867, June 28, § 1, p. 37, extra. 
 session), but seven years bars an indictment found, from time- 
 of finding. Penalty. — When over $15, penitentiary, not less 
 than one nor more than ten years ; county jail, not over one 
 year, and fine not over $100, when less than $15. Second con- 
 viction in larceny, when over eighteen years of age, in peniten- 
 tiary, not over three years. Under Laws of 1869, p. 22, same 
 as above ; under id. p. 191, § 1, county jail or penitentiary not 
 over five years. Sections 5 and 6, same as larceny ; § 7, county 
 jail not over one year or fine not over $1000, in discretion of 
 the court. 
 
 This crime is infamous under section 174 Criminal Code. 
 11 
 
82 Indictments. 
 
 1, Indictment for simple larceny at common law. 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C, aforesaid, in the 
 
 county aforesaid,* three pairs of shoes of the value of six dol- 
 lars, one shirt of the value of two dollars, and one waistcoat 
 of the value of three dollars, of the goods and chattels of one 
 J. N., then and there in the possession of the said J. N., being 
 found, feloniously did steal, take and carry away ; against, etc. 
 (Arch. 169.) 
 
 2. Indictment for larceny from the person. 
 ■ (R. S. 1845, ch. 30, § 62 ; Purp. 368 ; Scates, 383 ; Laws of 
 1869, p. 190, § 1.) 
 
 ( Use No. 1 to *, and go on thUs :) 
 one gold watch of the value of one hundred dollars, of the 
 goods and chattels of one J. N., then and there, from the per- 
 son of the said J. N., feloniously did privately steal, take and 
 carry away ; against, etc., and contrary, etc. 
 
 3. Same for larceny in a dwelling-house in the day-time. (Id.) 
 
 ( Use No. 1 to *, and go on thus :) 
 one gold watch of the value of one hundred dollars, of the goods 
 and chattels of one J. N., in the dwelling-house of the said J. 
 N., there situate, in the possession of said J. N., then and there 
 being, did then and there, in the said dwelling-house, in the 
 day-time, feloniously steal, take and carry away ; against, etc., 
 and contrary, etc. (Train & Heard, 346.) 
 
 4. Same for stealing a deed of real estate. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain paper partly written and partly printed, the property 
 of J. N., being part of the means and muniments of the title 
 of said J. N., to certain real estate, in said county situate, 
 known and described as {here describe the real estate), in which 
 said real estate the said J. N., then and there had and hath a 
 personal interest, then and there being found, then and there 
 unlawfully and feloniously did steal, take and carry away ; 
 against, etc., and contrary, etc. 
 
Stolen Goods. 83 
 
 {A second count may he added, more particularly describing the 
 instrument, thus:) 
 
 a certain other paper, partly written and partly printed, con- 
 taining a quitclaim deed, between A. B. of the one part, and 
 C. D. of the other part, the property of J. N., being part of 
 the means and {follow the first count to the end, the value need 
 not be stated). Arch. 204.) 
 
 5. Same /or larceny of a promissory note. (Id.^ 
 ( TIse No. 1 to asterisTc [*], and go on thus :) 
 one promissory note for the payment of fifty dollars, made by 
 E. F., and payable to the order of the said J. N., in the pos- 
 session of the said J. N. then and there being, did then and 
 there feloniously steal, tate and carry away; against, etc., and 
 contrary, etc. 
 
 Note. — The above will enable the pleader to draw indictments for simple 
 larcenies under section 62. Compound and constructive larcenies will be 
 noticed under their proper section of the Criminal Code. The larcenies under 
 Laws of 1869, p. 190, §§ 1, 5, 6 and 7, can be readily drawn from the above. 
 
 6. Same for stealing a mare. 
 
 (Law 1865, p. 106, § 1.) 
 
 ( Use No. 1 to *, and go on thus :) 
 one mare {horse, mare, colt, mule or ass), of the value of fifty 
 dollars, of the goods and chattels of one J. N. then and there 
 being, feloniously did steal, take and carry away ; against, etc., 
 and contrary, etc. 
 
 (c) Eeceiving stolen goods. 
 
 This is the subject of sections 63 and 64 of the Criminal 
 Code. 
 
 Decisions. — Sawyer v. People, 3 Gilm. 53 ; Jupitz v. People, 
 34 111. 526 ; McDonald v. Brown, 16 id. 32 ; NewTcirk v. 
 Dalton, 27 Id. 413, and cases cited ; State v. Murphy, 6 Ala. 
 848 ; State v. Nelson, 29 Me. 329 ; Swaggerty v. Stcde, 9 Terg. 
 338 ; Hampton v. State, 8 Humph. 69. 
 
 Limitation — &ccovA\x\g to value of property stolen; when 
 over $5, three years ; when under $5, eighteen months. Pen- 
 alty under section 63 — when over $5, penitentiary, not less 
 
84 Indictments. 
 
 than one year, nor over ten years. Under section 65 — when 
 less than $5, in county jail, not over three months, and fine 
 not over $50. 
 
 1. Indictment for receiving stolen goods. 
 (R. S. 1845, ch. 30, § 63 ; Purp. 368 ; Scates, 383.) 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C:, aforesaid, in 
 
 the county aforesaid, for his own gain, then and there did 
 feloniously buy of one J. N.,* one piece of broadcloth of the 
 value of fifty dollars, of the goods and chattels of one A. B., 
 by the said J. N. then lately before feloniously stolen, taken 
 and carried away, he, the said J. S., at the time he so bought 
 the said piece of broadcloth, well knowing the said piece of 
 broadcloth to have been feloniously stolen, taken and carried 
 away ; against, etc., and contrary, etc. 
 
 2. Same for receiving stolen goods obtained by robbery. (Id.) 
 
 ( Use iTo. 1 to *, and go on thus :) 
 one gold watch of the value of one hundred dollars, of the 
 goods and chattels of one A. B., then lately before feloniously 
 robbed, stolen, taken and carried away by the said J. N. from 
 the person and against the will of the said A. B. by force, he, 
 the said J. S., well knowing the said gold watch to have been 
 feloniously and by force robbed, stolen, taken and carried 
 away; against, etc., and contrary, etc. 
 
 3. Same for receiving goods obtained by burglary. (Id.) 
 ( Use JVo. 1 to *, and go on thus :) 
 one gold watch of the value of one hundred dollars, and one 
 silver tankard of the value of forty dollars, of the goods and 
 chattels of one A. B., by the said J. N". then lately before 
 feloniously and burglariously stolen from the dwelling-house 
 of the said A. B. there situate, he, the said J. S., well knowing 
 the said gold watch and silver tankard to have been feloniously 
 and burglariously stolen, taken and carried away ; against, etc., 
 and contrary, etc. 
 
Embezzlement. 85 
 
 {d) Altering mark and beands on A:<rrMALS. 
 
 Decisions. — Arnold v. Ludlam, 38 111. 190. 
 
 Limitation — according to the value of the property ; wJien 
 over $5, penitentiary, not less than one year, nor more than 
 three years ; when less than $5, in county jail not over three 
 months, and fine not over $50. 
 
 1 . Indictment for branding a mare, with intent to steal same. 
 
 (R. S. 1845, ch. 30, § 65 ; Purp. 368 ; Scates, 383.) 
 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of oilr Lord , at C. aforesaid, in the 
 
 county aforesaid,* did feloniously brand {or "mark^'') a certain 
 bay inare, the property of one J. IST., with intent thereby felo- 
 niously to steal, take, and carry away the same ;, against, etc., 
 and contrary, etc. 
 
 2. Same for altering a hrand to prevent identifcation. (lb.) 
 
 ( Use No. 1 to asterisk [*], and proceed thus :) 
 the brand (or " mark ") of one cow, the property of one J. IS"., 
 did feloniously alter ((??• " deface^'), vfith. intent feloniously to 
 prevent the identification of said cow by the said J. "N., then and 
 there being the owner thereof; against, etc., and contrary, etc. 
 
 (e) Embezzlement by public officees. 
 
 This forms the subject of section 66 of the Criminal Code, 
 and embraces State and county officers, and officers of any cor- 
 .porate body. Under Eevised Statutes, 1845, section 58, page 
 141, Purple, 316, Scates, 644, it is the duty of the attorney- 
 general to enforce this law in his district, and to instruct 
 State's attorneys of the other districts to enforce same, as to 
 public money. See Laws of 1869, p. 69, § 28, Insurance Law. 
 
 Decisions.^-'N OTie in Illinois. As to form of indictment, see 
 Commonioealth v. Simpson, 9 Mete. 138 ; Same v. Weyman, 8 id. 
 247 ; Same v. Harney, 10 id. 426 ; Bulloch v. State, 10 Ga. 47. 
 
 Limitation — three years. Penalty — penitentiary not less 
 than one year, nor over ten years. 
 
 1. Indictment for embezzlement by county treasurer. 
 (R. S. 1845, ch. 30, § 66 ; Purp. 368; Scates, 383.) 
 That J. S., late of C, in tlie couiity of C, on the third day 
 of August, in the year of our Lord , at C. aforesaid, in the 
 
86 IND1CT3IENTS. 
 
 county aforesaid, was treasurer of the said county of C, and as 
 sncli treasurer was intrusted with, and had charge and custody 
 of certain money belonging to, and being the property of said 
 county, that is to say, one thousand dollars of the current coin 
 of the United States, and then and there did feloniously and 
 fraudulently embezzle, steal, take and carry away the said sura 
 of one thousand dollars, so in his charge and custody as afore- 
 said ; against, etc., and contrary, etc. 
 
 2. Indictment for embezzlement by president and cashier of a 
 bank. (Id.) 
 
 That J. S., late of C, in the county of C, and J. IST., of the 
 same place, on the first day of April, in the year of our Lord 
 
 , at C, aforesaid, in the county aforesaid, the said J. S., 
 
 then and there being one of the directors and president of the 
 Phoenix bank, a corporation then and there duly and legally 
 established, organized and existing under and by virtue of the 
 laws of said State as an incorporated bank, and the said J. N., 
 then and there being cashier of the said bank, did by virtue of 
 their said respective oflSces and employment, and while the said 
 J. S. and J. N. were severally employed in their said respective 
 offices, have received and taken into their possession certain 
 money to a large amount, to wit, to the amount and sum of 
 two hundred and twenty thousand dollars, and of the value 
 of two hundred and twenty thousand dollars of the goods and 
 chattels, property and moneys of the said president, directors 
 and company of the Phoenix bank, in their banking house 
 there situate being ; and the said money, then and there unlaw- 
 fully, fraudulently and feloniously did embezzle in the banking 
 house aforesaid. And so the jurors aforesaid, upon their oaths 
 aforesaid, do say, that the said J. S. and J. N., then and there, 
 in manner and form aforesaid, . the aforesaid money, of the 
 goods, chattels, property and moneys of the said president, 
 directors and company of the Phoenix bank, feloniously did 
 steal, take and carry away in the banking house aforesaid ; 
 against, etc., and contrary, etc. (See Train & Heard, 187, and 
 Commonwealth v. Weyman, 8 Mete. 247.) 
 
Defalcation. 87 
 
 (/) Defalcation of public offioees. 
 
 This is the subject of section 67 of the Criminal Code, and 
 embraces persons lawfully intrusted to collect, disburse, receive 
 or safely keep State funds. State school funds, county or town- 
 ship school funds, county funds, canal, turnpike or railroad 
 funds of the State or any county, or any fund for improvement 
 of public roads or waters, or any fund by law established for 
 public purposes. 
 
 The crime consists in failing or refusing to pay over undis- 
 bursed and collected funds, when required by law, on demand 
 made by the proper oflScial successor. 
 
 Decisions. — None in Illinois. 
 
 1. Indictment of county collector for failing to pay over, etc. 
 
 (E. S. 1845, ch. 30, § 67; Purp. 369 ; Scates, 384.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, was collector of the county of C. aforesaid, 
 intrusted by law to collect the revenue belonging to the said 
 county, and there and then had collected and received one 
 thousand dollars, current money of the United States, for and 
 on account of the revenue of said county ; that the said J. S., 
 not regarding his duty as such collector, but afterward, on the 
 
 day of , in the year of our Lord , at C. aforesaid, 
 
 in the county aforesaid, demand for the payment of the said 
 money having been duly made by the treasurer of said county, 
 the said J. S. then and there being required by law to pay over 
 the said money to the said treasurer, and the said treasurer 
 being then and there the oiBcer and person to whom such pay- 
 ment ought by law to be made, fraudulently and unlawfully 
 failed {or " refused ") to pay over the said money to the said 
 treasurer; against, etc., and contrary, etc. 
 
 {g) Feaudtjlent and malicious destruction of deeds, etc. 
 This is the subject of section 68 of the Criminal Code. 
 Decisions. — Wright v. People, Bre. 66. 
 
88 INDICT3IENTS. 
 
 Limitation — three years. Penalty — penitentiary, not less 
 than one year, nor more than five years. 
 
 1. Indictment for burning a bond. 
 (E. S. 1845, eh. 30, § 68; Purp. 369; Scates, 384.) 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid, did feloniously, fraudulently, {or malici- 
 ously) burn {or " foa/-," etc.) a bond {or " deed^'' etc.) for securing 
 the payment of -the sum of one hundred dollars, executed by 
 G. H. to one J. N., the property of said J. N., with intent to 
 defraud, prejudice and injure the said J. N. ; against, etc., and 
 contrary, etc. 
 
 (A) Alteeing oe EEMovme landmaek. 
 This forms the subject of section 69 of the Criminal Code. 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $100, or county jail for a term not over three months. This 
 offense may be subject of justice of peace cognizance. (Law 
 1863, p. 54.) 
 
 1. Indictment for removing landmark, 
 (E. S. 1845, ch. 30, § 69; Purp. 369; Scates, 384.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did knowingly, maliciously and fraudulently 
 cut, fell and remove a certain elm tree, being a boundary tree, 
 the property of J. N., then and there growing on land of said 
 J. N., situate in said county, which said elm tree, then and 
 there as a boundary tree of the land of said J. N., was gene- 
 rally allowed and received, to the wrong of the said J. I^. ; 
 against, etc., and contrary to, etc. 
 
 (*) iNJUEmO TEEES ON StATE LANDS. 
 
 This is the subject of a law of 1851, section 1, page 6. The 
 court is directed to charge the grand jury on this act. (Id. § 3.) 
 
Willful Trespass. 89 
 
 Decisions. — 1 Gilm. 553; 4 id. 307. 
 
 Limitation — eighteen months. Penalty — not less than |5, 
 nor more than $10 for every tree, etc., cut, and commitment to 
 county jail of convicted party until fine and costs be paid. 
 
 1. Indictment for willful, trespass on State land. 
 
 (Law 1851, p. 6, § 1 ; Purp. 370 ; Scates, 416.) 
 
 That J.S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, unlawfully, willfully and knowingly, did, 
 then and there, cut, fell and destroy a certain oak tree fo?" 
 '■'sapling''^) growing on land, the property of the people of 
 the State of Illinois, there situate, to wit, at C. aforesaid, in 
 tlie county aforesaid, and known and described as follows, to 
 wit {here describe the land hy its numbers) ; against, etc., and 
 contrary, etc. 
 N. B. — Aid eov/nU for each tree or sapling cut. 
 
 U) WiLLFUL' TRESPASS ON LAifD OF COEPOEATION OE ANY PEESON. 
 
 This is the subject of a law of 1851, page 7, section 1. 
 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not less 
 than $10, nor more than $100, or county jail not over three 
 months, in discretion of the court, and commitment of party 
 convicted until fine and costs are paid. 
 
 The injured party may elect civil action for trespass, but an 
 indictment bars the civil remedy. 
 
 This act does not apply to travelers or marketers. 
 
 The offense may be tried by justice of the peace. (Law 1863, 
 p. 54.) 
 
 1. Indictment for willful trespass on land of another person. 
 
 (Law 1851, p. 7, § 1 ; Purp. 371 ; Scates, 417.) 
 
 .That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in the 
 
 12 
 
90 Indictments. 
 
 county aforesaid, unlawfull}', knowingly, willfully and malici- 
 ously did, then and there, cut, fell and destroy one oak tree (w 
 "sapling''^), the property of J. N., then and there growing on 
 land of said J. ]^. there situate, and known and described as 
 follows, to wit {here describe the lanci), without the consent of 
 said J. N. so being owner of the land aforesaid, the said J. S. 
 then and there having no color of title in good faith to the 
 land aforesaid, to the injury of the said J. !tf . ; against, etc., 
 and contrary, etc. 
 
 Note. — T7ie above can be readily altered to apply to any corporation, by 
 inserting its corporate name, instead of that of J. 2f. 
 
 Qc) "WlLLFTJL TRESPASS ON FEtTIT OECHAEDS, ETC. 
 
 This is the subject of a law of 1861, page 125, section 1. 
 
 Decisions — none. 
 
 Limitation — eighteen months. Penalty — fine not less 
 than $10, nor more than $50, and may be imprisonment in the 
 county jail for not over 20 days. 
 
 This act relates to the ofiense of picking, destroying and 
 carrying away fruit only. The ofiense may be tried by a jus- 
 tice of the peace. (Law 1863, p. 54.) 
 
 1. Indictment for willful trespass in picking fruit, etc., in orchard, 
 
 (Law 1861, p. 125, § 1.) 
 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid, did, then and there, unlawfully, know- 
 ingly, willfully and maliciously enter the inclosure of J. !N". 
 there situate, and without leave of said J. IST., then and 
 there being owner of tiie inclosure aforesaid, did unlawfully, 
 knowingly and willfully, and without such leave as aforesaid, 
 pick and carry away apples, the fruit of an apple tree in the 
 inclosure aforesaid, then and there growing, to the injury of 
 said J. N. ; against, etc., and contrary, etc. 
 
 Note. — The statute includes any kind of fruit. 
 
Willful Tuesfass. 91 
 
 {J) "Willful teespass on ornamental oe feuit teees and 
 
 BUSHES. 
 
 This is the subject of a law of 1865, page 129, section 1. 
 
 Decisions — none. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $500, or county jail not over three months, or both, in discre- 
 tion of the court, and liability to double amount of damages to 
 party injured. 
 
 This offense embraces cutting down, rooting and destroying 
 fruit or ornamental trees, cultivated roots, plants, etc., growing 
 on land of another. It also applies to injuring and destroying 
 fruit or. ornamental trees, or slirubbery, in a street, lane or 
 alley, or public grounds in any city or incorporated town, the 
 party not having lawful authority. 
 
 1. Indictment for wiUful trespass on a shade and ornamental 
 tree. 
 
 (Laws 1865, p. 129, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* did unlawfully, willfully and maliciously 
 cut down and destroy a certain elm tree of the value of ten 
 dollars, the property of J. N., then and there growing on land 
 of said J. N., there situate for shade and ornament, the said J. 
 S. then and there having no lawful authority so to do ; against, 
 etc., and contrary, etc. 
 
 2. Same for willful trespass on a tree growing on a street in a 
 city. (Id.) 
 
 ( Use No. 1 <o *, and go on thus:) 
 a certain elm tree of the value of ten dollars, of the property of 
 the " city of C." (naming the city), then and there standing and 
 growing for shade and ornament, on " Broadway," a street in 
 said city of C, then and there did unlawfully, willfully and 
 maliciously cut down and destroy, without lawful authority so 
 to do ; against, etc., and contrary, etc. 
 
 Note. — Tlie above will sufficiently guide the pleader as to offenses under this 
 statute. 
 
92 Invictments. 
 
 (m) "Willful trespass on feuit teees. 
 
 This is the subject of a law of 1865, page 129, section 1 ; 
 it is an extension of the act of 1861, page 125, section 1 
 above, and remedies a defect in the act of 1861, extend- 
 ing the offense to " any part or portion of the fruit of any 
 apple tree," etc. / the act of 1861 implying taking or injuring 
 the whole of the fruit of any apple tree, etc. 
 
 Decisions — none. 
 
 Limitation — eighteen months. Penalty — the same as the 
 act of 1861. (See amie^ 
 
 6. Indictment for willficl trespass on fruit trees. 
 
 (Law 1865, p. 129, § 1.) 
 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid, unlawfully, knowingly and willfully did, 
 then and there, enter the inclosure of J. N., there situate, and 
 without the leave of said J. N., owner of said inclosure, un- 
 lawfully, knowingly and willfully pick and carry away apples, 
 part of the fruit of an apple tree in said inclosure growing, to 
 the injury of said J. K". ; against, etc., and contrary, etc. 
 
 (n) Embezzlement bt cleek, etc., deemed laecent. 
 
 This is the subject of section 70 of Criminal Code ; and see 
 Laws of 1869, p. 69, § 28. 
 
 Decisions. — None in Illinois. See Commonwealth v. Lihhy, 
 11 Mete. 64 ; People v. Allen, 5 Denio, 76 ; Bex v. Hodgson, 
 3 Car. & P. 422. 
 
 Limitation — same as in larceny. Penalty — same as in 
 larceny. 
 
 1. Indictment against emhezding cleric for larceny. 
 (R. S. 1845, ch. 30, § 70 ; Purp. 370 ; Scates, 385.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, being then and there the clerk to J. N., did, 
 then and there, by virtue of his said employment, have, re- 
 
Hazlboad Frauds. 93 
 
 ceive and take into his possession certain money to a lai'ge 
 amount, to wit, to the amount of one hundred dollars, and of 
 tlie value of one hundred dollars of the property and moneys 
 of the said J. N., the said J. S.'s employer, and the said J. S. 
 the said money then and there feloniously did embezzle and 
 fraudulently convert to his own use, without the consent of the 
 said J. N., the said J. S.'s employer, whereby and by force of the 
 statute in such case made and provided, the said J. S. is deemed 
 to have committed the crime of larceny ; and so the jurors 
 aforesaid, upon their oath aforesaid, do sayj that the said J. S., 
 then and there, in manner and form aforesaid, the said money 
 of the property and moneys of the said J. IST., the said J. S.'s 
 said employer, from the said J. IST., did feloniously steal, take 
 and carry away ; against, etc., and contrary, etc. (Arch. 275 ; 
 Train & Heard, 189.) 
 
 (o) Frauds and embezzlements bt eaileoad employees. 
 This is the subject of a law of 1859, page 154, section 2. 
 Decisions — none. 
 Limitation — three years. Penalty — penitentiary, one year. 
 
 1. Indictmsnt for fraudulent neglect to cancel railroad ticket, 
 with intent to defraud railroad company. 
 
 (Law 1859, p. 154, § 2.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, being then and there employed as a clerk by 
 the Illinois Central Kailroad company, incorporated as such 
 railroad company by the laws of this State, and while he was so 
 employed, did, then and there, receive, take and have a ticket 
 of said railroad company of the value of twenty dollars, the 
 property of said railroad company then and there being,* and 
 which railroad ticket it was the duty of said J. S., as snch 
 clerk to cancel, the same having been already used and charged 
 to said railroad company, the said J. S. did, then and there, 
 fraudulently and unlawfully, neglect to cancel, with the feloni- 
 
94 Indictments. 
 
 0U8 aiid fraudulent intent to permit said railroad ticket to be 
 again used in fraud of said railroad company ; against, etc., 
 and contrary, etc. 
 
 2. Same for embezzling railroad ticket. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 the said J. S. the said railroad ticket, then and there, did 
 embezzle and fraudulently convert the same to his own use, 
 without the consent of the said Illinois Central Railroad com- 
 pany, the said J. S.'s employers, and- the said railroad ticket 
 of the property of the said Illinois Central Kailrad company, 
 the said J. S.'s employer, did then and there feloniously steal, 
 take and carry away ; against, etc., and contrary, etc. 
 
 Note. — An indictment for larceny will lie also, so also for fraudulent 
 stamping, printing or signing a ticket or coupon, and also for fraudulent sale, 
 or circulating same. Tlie above forms will suffice. 
 
 {p) Laecent bt bailee. 
 
 This is the subject of section Tl of the Criminal Code. 
 
 Decuionn. — None in Illinois. At the common law, carriers 
 for hire cannot commit larceny. Commonwealth v. Brown, 4 
 Mass. 599. This rule is changed by statute in several States, 
 for example, Maine and Massachusetts. State v. Haskell, 33 
 Maine, 127. On this there is in Illinois no special statute, but 
 see Welch v. People, 17 111. 339, and Barnes v. People, 18 id. 
 53. And see as to larceny by bailee, Arch. 189-191. 
 
 Limitation — as in larceny. Penalty — as in larceny. 
 
 1 . Indictment against bailee for larceny. 
 (R. S. 1845, ch. 30, § 71 ; Purp. 370 ; Scates, 385.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* one gold watch of the value of one hundred 
 dollars, of the goods and chattels of one J. N. then and there 
 found, intrusted to the said J. S. by the said J. N. for safe 
 keeping, the said J. S., then and there, did fraudulently and 
 
Larceny by Lodger. 95 
 
 feloniously convert to his, the said J. K's, own use, with intent 
 feloniously to steal, take and carry away the same, whereby 
 and by forqie of the statute in such case made and provided, 
 the said J. S. is deemed to have committed the crime of lar- 
 ceny ; and so the jurors aforesaid, upon their oaths aforesaid, 
 do say, that the said J. S., then and there, in manner and form 
 aforesaid, the said gold watch of the goods and chattels of the 
 said J. N". feloniously did steal, take and carry away ; against, 
 etc., and contrary, etc. 
 
 {q) Larceny by Lodgee. 
 This offense is the subject of section 72 of the Criminal Code. 
 Decisions — none in Illinois. 
 limitation — as in larceny. Peiialty — as in larceny. 
 
 1. Indictment for larceny by lodger. 
 
 (R. S. 1845, ch. 30, § 72; Purp. 370; Scates, 385.) 
 ( Use tlie next preceding form to *, and go on thus .•) 
 one feather bed of the value of forty dollars, of the goods and 
 chattels of J. N., in a certain room in the dwelling-house of 
 said J. N. there situate being found, which feather bed the said 
 J. S. had the use of in said room as lodger therein with said 
 J. N., the said J. S. then and there did fraudulently and felo- 
 niously convert to his, the said J. S.'s, own use, with intent 
 feloniously to steal, take and carry away the same i^se next 
 preceding form from dagger [f] to end., hut suistituting the 
 words ^^ feather ied^^ for the words "gold ivatch"). 
 
 (r) Feaudtilent sale, etc., of moetgaged peopeety. 
 This forms the subject of a law of 1861, page 174, section 1. 
 Decisions — none in Illinois. ' 
 
 Penalty — fine not less than double the value of the prop- 
 erty, and county jail not over a year, one or both, at discretion 
 of court, and commitment until line and costs be paid. 
 
96 Indictments. 
 
 1. Indictment against mortgagor of personal property for sale 
 thereof without consent of mortgagee. 
 
 (Law 1861, p. 174, § 1.) 
 
 That J. S., of C, in the county of C, on the first day ot 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did convey to one J. N., of same place, by 
 chattel mortgage, certain articles of personal property of the 
 goods and chattels of said J. S., to wit {here state them as in 
 mortgage), to secure the said J. N. the payment of the sum of 
 one hundred dollars on a certain day therein named, to wit, 
 the first day of August, in the year aforesaid ; that afterward, 
 to wit, on the first day of July aforesaid, and while the lien 
 created by the mortgage aforesaid was still in existence and 
 force, the said J. S., then and there, feloniously, unlawfully 
 and fraudulently did sell said mortgaged property, of the value 
 of (here state same), without tlie written consent of said J. If., 
 the mortgagee thereof; against, etc., and contrary, etc. 
 
 Note. — The above form can be altered to suit the mode of distarbing the 
 mortgage lien, such as " transferring, concealing," etc. 
 
 (*) Willful trespasses on eaileoads. 
 
 This is the subject of a law of 1853, page 217, sections 1, 2 
 and 3. 
 
 Decisions. — None in Illinois. See Heg. v. Holroyd, 2 M. & 
 Kob. 339, and Reg. v. Pargeter, 3 Cox C. C. C. 191. 
 
 limitation — three years, under sections 1 and 2; under sec- 
 tion 3, the same as in murder. Penalty — under section 1, in 
 penitentiary, not less than one, nor over five years ; under sec- 
 tion 2, in same, not less than three years, nor more than ten 
 years ; under section 3, same as in murder. 
 
 1. Indictment for obstructing railroad track, with intent to in- 
 jure, etc. 
 
 (Law 1853, p. 217, § 1 ; Purp. 371 ; Scates, 417.) 
 That J. S., late of C, in the county of C, on the first day 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
Obstructing Railroads. 97 
 
 county aforesaid, with force and arms,f feloniously, willfully 
 and maliciously contriving and intending the engine and car- 
 riages of the Illinois Central Railroad company {any railroad), 
 then and there lawfully passing on and along the railroad of 
 said company there located and situate,* to obstruct, with 
 intent then and there the safety of divers persons {or jyroperty) 
 then and there lawfully riding, passing and being conveyed 
 over and along said railroad, at C. aforesaid, in the county 
 aforesaid, in and upon the engines and carriages aforesaid tO' 
 endanger, did, on the first day of July, in the year of our Lord 
 , at C. aforesaid, in the county aforesaid, feloniously, will- 
 fully and maliciously place and put upon, and across said rail- 
 road there situate, one iron rail, whereby the said engines and 
 carriages were then and there in great danger of being ob- 
 structed, and the safety of divers persons then and there law- 
 fully riding, passing and being conveyed in and upon the said 
 engines and carriages as aforesaid, were then and there greatly 
 endangered ; against, etc., and contrary, etc. (Train & Heard, 
 381, and see Arch. 341.) 
 
 Note. — Under this section (1) an indictment lies for displacing or removing- 
 any switch, rail or signal of any railroad ; also, for breaking down, ripping up,, 
 injuring or destroying any railroad, or railroad bridge, or any part of it ; also,, 
 for obstructions, etc. ; also, for false signals, with intent to injure person or 
 property, being or passing on said railroad. 
 
 2. Indictment for same offense, by displacing, etc., where bodUy 
 or other injury resulted. (Id.) 
 
 ( Use No. 1 to the f , and go on thus : ) 
 feloniously unlawfully, willfully and maliciously did displace a 
 certain switch on the railroad of the {any railroad, naming it} 
 then being, feloniously, unlawfully, willfully and maliciously 
 intending thereby the persons then and there lawfully riding, 
 passing, repassing and being conveyed on and along said rail- 
 road, in and upon the engines and carriages of said railroad 
 company to bodily harm and. injure. And the jurors aforesaid, 
 selected and sworn as aforesaid, in the name and by the 
 authority aforesaid, on their oaths aforesaid, do further present : 
 That said J. S. at C, aforesaid, in the county aforesaid, on 
 13 
 
98 Indictments. 
 
 the day and in the year aforesaid, did feloniously, unlawfully, 
 willfully and maliciously displace the switch aforesaid, and 
 thereby did then, and there feloniously, unlawfully, willfully 
 and maliciously by such displacing the switch aforesaid, injure 
 one J. N., a passenger in and upon one of the said railroad 
 carriages riding, on the day and in the year aforesaid, the said 
 J. N. then and there being greatly bruised, injured, damaged 
 and harmed in his bodyj against, etc., and contrary, etc. 
 (Arch. 341.) 
 
 3. Indictment for murder hy obstructing, etc., where death ensues. 
 (Id. § 3.) 
 
 ( Use No. 1 a^ove to f , and go on thus : ) 
 feloniously, willfully and maliciously did displace a certain 
 switch on the railroad of {any railroad company, naming it) 
 then being, and thereby did then and there, feloniously, unlaw- 
 fully and of his malice aforethought, by such displacing the 
 switch aforesaid, one J. N., a passenger in one of the carriages 
 of said railroad company riding and being conveyed on the day 
 and in the year aforesaid, by the overturning a certain train, 
 to wit, a train consisting of a certain locomotive steam engine, 
 with a certain other tender and divers, to wit, twenty carriages 
 attached thereto and drawn thereby, and which said train was 
 then and there lawfully traveling and being propelled along 
 the line of said railroad, did go off the track of said railroad, 
 on said rail, and said train overturned the carriage in which 
 the said J. N. then was riding, and part of said train was over- 
 turned, and the said J. N. dashed with great violence upon, 
 over and between a certain part of said train and carriages, to 
 wit, the hinder part of a certain carriage, and by means oj" said 
 dashing then and there made and inflicted in and upon the 
 head, to wit, in and upon the right side of the head of the said 
 J. N., divers mortal wounds and fractures, and in and upon the 
 body, to wit, in and upon the back, sides, helly, legs, thighs 
 and feet of said J. N., divers mortal wounds, contusions, burns 
 and scalds, of which said mortal wounds, fractures, bruises, 
 contusions, burns and scalds, the said J. N., on the day and 
 year aforesaid, in the county aforesaid, and within the jurisdic- 
 tion of said court, instantly died ; and so the jurors aforesaid, 
 
Forgery. 99 
 
 on their oatli aforesaid, do say, that the said J. S., by displacing 
 the switch aforesaid, in manner and form aforesaid, and by 
 virtue of the statute in such case made and provided, did felo- 
 niously and of his malice aforethought, the said J. N. kill and 
 murder; against, etc., and contrary, etc. (See Reg. v. Pargeter, 
 3 Cox C. C. C. 191.) 
 
 Section 6. Foegeet and CouNTEEFErrmG. 
 These crimes form the subject of Division YIII of the Crim- 
 inal Code. This division comprises several offenses, each of 
 which will be found under its proper head. 
 
 (a) Foegeet and counteefeiting in geneeal. 
 
 These are the subject of section 73 of the Criminal Code. 
 As to counterfeiting, this section does not apply to counterfeit- 
 ing coin, but to counterfeiting in the sense of forgery of the 
 several matters specified. 
 
 As in all of the United States the offense of forgery and 
 counterfeiting is punishable by statute, and as many things 
 may be the subject of forgery and yet not within the statutes, 
 it follows, that the descriptions or denominations of the subjects 
 of forgery in the statutes are material, principally in relation to 
 the degree of punishment, and the phraseology of the indict- 
 ment. (See Commw. v. Ayer, 3 Cush. 150 ; 3 Greenl. Ev. § 102 ; 
 State v. Ames, 2 Greenl. 336 ; Beg. v. Boult, 2 Law &> Kirw. 
 ~ 604 ; Heg. v. Ha/rtshorn, 6 Cox C. C. 403 ; Eeg. v. Sharman, 
 id. 312.) '' Beyond the range of the statutes, the subject of 
 forgery is taken up by the common law, whereby the deceitful, 
 false and fraudulent fabrication and use of all sorts of writings, 
 is denounced 4nd punished as criminal." (Train & Heard, 223.) 
 
 Decisions. — Quigley v. People, 2 Scam. 301 ; Stone v. Peo- 
 ple, 3 id. 326 ; Swain v. People, 4 id. 178 ; Shattuck v. People., 
 4 id. 477; Gutohins v. JPeople, 21 111. 642 ; Crofts v. People, 2 
 Scam. 442; Bland v. People, 3 id. 364, semhle ; Wilson v. 
 Alexander, 3 id. 362 ; Wallace v. People, 27 111. 45 ; Livings 
 V. Wiler, 32 id. 387 ; Nolle v. People, Bre. 29 ; Pate v. People, 
 3 Gilm. 644 ; Durham v. People, 4 Scam. 172 ; Gommw. v. 
 
100 Indictments. 
 
 Wright, 1 Gush. 46 ; Same v. Taylor, 5 id. 605 ; State v. Twitty, 
 2 Hawks. 248 ; Commio. v. Searle, 2 Binney, 332 ; Same v. 
 Barly, 1 Mass. 62 ; Same v. Stevens, 1 id. 324 ; State v. CIztt, 
 5 ]Sr. H. 267; /Sfofe v. Bean, 19 Yerm. 530; State v. TTw-veT-, 
 13 Iredell, 491 ; Bex v. Oilchrist, 2 Leach C. C. 657 ; Rex v. 
 ZTar^, 1 id. 145 ; Bex v. Powell, 1 id. 72 ; Bex v. Goldstein, 
 Euss. & Ey. C. C. 473 ; Beg. v. Williams, 2 Den. C. C. 61. As 
 to counterfeiting in general see Brown v. People, 4 Gilm. 439 ; 
 Toionsend v. People, 3 Scam. 326 ; Edwards v. Commw. 19 
 Pick. 124 ; Hophins v. Gommw. 3 Mete. 460 ; ^a? v. Williams, 
 2 Leach C. G. 529 ; Dugdale v. jSe^., Pearce G. G. 64 ; ^ejr. v. 
 Fulton, Jebb. G. G. 48 ; Bex v. ZTea^A, Euss. & Ey. C. C. 184; 
 Beg. V. l(m, 2 Den. C. G. 475. 
 
 Limitations — three years. Penalty — penitentiary not less 
 than one j'ear, nor more than fourteen years. 
 
 1. Indictment for forging and uttering. 
 (E. S. 1845, eh. 30, § 73; Purp. 372; Scates, 385.) 
 That J. S., late of G., in the county of G., ou the third day 
 
 of August, in the year of our Lord , at G. aforesaid, in the 
 
 county aforesaid, feloniously did * forge a certain {here name 
 
 the instrument) which said forged is as follows, to wit 
 
 {Jiere set out the instrument verhaUm), with intent to defraud 
 one J. N. ; against, etc., and contrary, etc. 
 
 Second count. — And the grand jurors aforesaid, selected and 
 sworn as aforesaid, in the name and by the authority aforesaid, 
 on their oaths aforesaid, do furtha- present : That the said J. 
 S. afterward, to wit, on the day and year aforesaid, at G. afore- 
 said, in the county aforesaid, feloniously did f forge a certain 
 other {state the instrument forged as in an indictment for 
 larceny), with intent to defraud one J. N. ; against, etc., and 
 contrary, etc. 
 
 Third count. — ( Use second count to f, and go on thus :) offer, 
 
 utter, dispose of, and put off, a certain other forged , 
 
 Avliich said last mentioned forged is as follows, that is 
 
 to say {here set out the instrument verbatim), with intent to 
 defraud the said J. N., said J. S. at the time he so uttered and 
 
Forgery. 101 
 
 published tlie said last mentioned forged as aforesaid, 
 
 then and there well knowing the same to be forged ; against, 
 etc., and contrary, etc. 
 
 Fourth count. — ( Use second count to f, and go on thus :) offer, 
 utter, dispose of, and put off a certain other {state the forged 
 instrument, as in an indictment for larceny), with intent to 
 defraud one J. N. ; against, etc., and contrary, etc. (Arch. 356.) 
 
 2. Indictment for forgery at common law ofaioill. (Id.) 
 ( Use No. 1 first count to *, and go on thus :) 
 falsely and fraudulently make, forge and counterfeit a certain 
 will, purporting to be the last will and testament of one J. N., 
 which will is of the tenor following, that is to say {here set it 
 out verhatitn), with intent thereby, then and there to cheat and 
 defraud one E. F. ; against, etc., and contrary, etc. 
 
 3. Indictment for forging and uttering a hank note. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 feloniously did forge a certain note of the bank of- 
 
 {narne the hanU), commonly called a bank note, which said 
 forged note is as follows, that is to say {here set out the hank 
 note in words and figures correctly), with intent to defraud the 
 
 president, directors and company of the bank of {naming 
 
 it correctly), an incorporated banking company in this State, to 
 wit, at C. aforesaid, in the county of C. aforesaid ; against, etc., 
 and contrary, etc. 
 
 Second count. — ( Use second count of No 1 to f, and go on 
 thus :) offer, utter, dispose of, and put off a certain other forged 
 note of the president, directors and company of the bank of 
 
 • , an incorporated banking company established in this 
 
 State, at C. aforesaid, in the county aforesaid, commonly called 
 a bank note, which said last mentioned forged note, is as fol- 
 lows, that is to say {here set out the hank note), with intent to 
 defraud the president, directors and company of the bank of 
 
 , an incorporated bank, etc. {as above), he, the said J. S., 
 
 at the time he so offered, uttered, disposed of, and put off the 
 
102 Jnbictments. 
 
 said last mentioned forged note, as aforesaid, then and there 
 well knowing the same to be forged; against, etc., and con- 
 trary, etc. 
 
 Third Coxmt. — ( Use second count of No. 1 to f, and go on 
 thus : ) forge a certain promissory note for the payment of 
 money, which said forged promissory note is as follows, that is 
 to say [here set out the hank note), with intent to defraud the 
 
 said president, directors and company of the bank of , an 
 
 incorporated company, etc. {as ahove) ; against, etc., and con- 
 trary, etc. 
 
 Fourth Count. — {Proceed as in third count is directed, and 
 go on thus : ) offer, utter, dispose of and put off a certain other 
 forged promissory note, for the payment of money, which said 
 last mentioned forged promissory note, is as follows, that is to 
 say {here set out the hank note), with intent to defraud the 
 
 president, directors and company of the bank of , an 
 
 incoi-porated banking company, etc. {as above), he, the said J. S., 
 at the time he so offered, uttered, disposed of and put off the 
 said last mentioned forged promissory note, as aforesaid, then 
 and there well knowing the same to be forged ; against, etc., 
 and contrary, etc. (Arch. 369, 3Y0.) 
 
 4. Indictment for forging a hill cf exchange. (Id.) 
 ( Use No. 1 to *, and go on thus : ) 
 forge a certain bill of exchange, which said forged bill of 
 exchange is as follows, that is to say {set out same in words and 
 figures correctly), with intent to defraud one J. N. ; against, 
 etc., and contrary, etc. 
 
 5. Same for forging a promissory note. (Id.) 
 ( Use No. 4" as directed, and go on thus : ) 
 falsely, make, forge and counterfeit a certain false, forged and 
 counterfeit promissory note, which false, forged and counter- 
 feit promissory note is of the tenor following, that is to 
 say {here set ou(), with intent thereby, then and there to injure 
 and defraud one J. IST. ; against, etc., and contrary, etc. 
 
GOUNTERFEITINO. 103 
 
 6. Same for uttering and publishing as true a forged promissory 
 note. (Id.) 
 
 {Use No. 1 to asterisJc [*], and go on thtis:) 
 liad in his custody and possession a certain false, forged and 
 counterfeit promissory note, the said J. S. then and there 
 knowing the same to be false, forged and counterfeit, which 
 false, forged and counterfeit promissorj' note is of the tenor 
 following, that is to say {here set it out), and that the said J. S. 
 then and there did feloniously utter- and publish the same as 
 true, with intent thereby then and thereto injure and defraud 
 one J. N., the said J. S. then and there knowing the said 
 promissory note to be false, forged and counterfeit; against, 
 etc., and contrary, etc. 
 
 Y. Indictment for uttering a forged county order. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 did feloniously utter, publish and pass as true and genuine, a 
 certain county order purporting to be drawn by L. M., the 
 
 clerk of the County Court of the county of , upon the 
 
 treasurer of said county, and payable to G. H., with intent 
 to defraud the said county of ; against, etc., and con- 
 trary, etc. 
 
 (5) Counterfeiting or passing couNTEEFErr gold oe silyek 
 
 COIN, WITH intent TO DEFEAUD. 
 
 This oifense is the subject of section 74 of the Criminal Code. 
 Decisions — none in Illinois. 
 
 Limitatian — three years. Penalty — same as under sec- 
 tion 73. 
 
 1 . Indictment for counterfeiting current coin. 
 (E. S. 1845, ch. 30, § 74; Purp. 373 ; Scates, 386.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* falsely and feloniously did counterfeit a cer- 
 tain piece of silver coin, current within this State, to wit, the 
 State of Illinois, by the laws and usages thereof, called a dollar; 
 against, etc., and contrary, etc. 
 
104 Indictments. 
 
 2. Another form for same. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 ten pieces of false and counterfeit gold coin, each piece thereof 
 resembling, and apparently intended to resemble and pass for, a 
 piece of the current gold coin current within this State, to wit, 
 the State of Illinois aforesaid, called a dollar, falsely and felo- 
 niously did make and counterfeit ; against, etc., and con- 
 trarj"^, etc. 
 
 3. Indictment for passing counterfeit coin. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain piece of counterfeit silver coin, counterfeited in the 
 likeness and similitude of the good and legal silver coin cur- 
 rent within this State, to wit, the State aforesaid, by the laws 
 and usages thereof, called a dollar, did utter and pass as true 
 to one J. N., the said J. S. then and there well knowing the 
 same to be false and counterfeit ; against, etc., and con- 
 trary, etc. 
 
 (c) Having couNXERFErr com in possession, with intent to 
 
 PASS SAME. 
 
 This offense is the subject of section Y5 of the Criminal 
 Code. 
 Decisions — none in Illinois. 
 Limitation and Penalty — same as under section 73. 
 
 1. Indictment for having counterfeit coin in possession, with 
 intent to pass same. (Id. § 75.) 
 
 ( Use No. 1 cf (6) to *, and go on thus :) 
 had in his custody and possession a certain piece of false and 
 counterfeit gold coin, counterfeited in the likeness and simili- 
 tude of the good and legal gold coin, cm-rent within this State, 
 to wit, the State aforesaid, by the laws and usages thereof, 
 called a dollar, with intent, then and there, the said false and 
 counterfeit coin to utter and pass, and thereby defraud the said 
 J. N"., the said J. S. then and there well knowing the same to 
 be false and counterfeit ; against, etc., and contrary, etc. 
 
Counterfeiting. 105 
 
 2. Indictment for causing to pass counterfeit coin. (Id. § 75.) 
 
 {Use directions of next preceding form.) 
 had in liis custody and possession a certain piece of counterfeit 
 gold coin, counterfeited in the likeness and similitude of the 
 good and legal coin, current within this State, to wit, the State 
 aforesaid by the laws and usages thereof, called a dollar, did 
 fraudulently and feloniously cause and procure the same to be 
 uttered and passed as true to one J. N"., the said J. S. then and 
 there well knowing the same to be false and counterfeit; 
 against, etc. 
 
 (d) Having foeged notes, etc., in possession with intent, etc. 
 
 This offense is the subject of section 76 of Criminal Code. 
 
 Decisions. — Quigley v. People, 2 Scam. 301 ; Tovmsend v. 
 People, 3 id. 326 ; Brown v. People, 4 Gilm. 439. 
 
 Limitation and Penalty — same as under section 73. 
 
 1. Indictment for having counterfeit banJc hill in possession with 
 intent, etc. 
 
 (R. S. 1845, eh. 30, § 76 ; Purp. 373 ; Scates, 386.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, * had in his custody and possession a certain 
 false, forged and counterfeit bank bill, in the similitude of the 
 bills payable to the bearer thereof, and issued by the president, 
 
 directors and company of the bank of , then being a 
 
 banking company incorporated in this State, to wit, the State 
 aforesaid, which said false, forged and counterfeited bank bill 
 is of the tenor following, that is to say {here set it out), with 
 intent then and there to utter and pass the same, the said J. S. 
 then and there knowing the said bank bill to be false, forged 
 and counterfeit; against, etc., and contrary, etc. 
 
 2. Indictment for having in possession unfinished hank hills, 
 with intent to complete same. (Id. § 76.) 
 
 '(Use No. 1 next preceding to *, and go on thus:) 
 feloniously had in his custody and possession a certain false, 
 forged and counterfeit unfinished bank bill, made in similitude 
 U 
 
lOG Indictments. 
 
 of the bills payable to bearer, made to be issued by the presi- 
 dent, directors and company of the bank of ,, then and 
 
 there being a banking company established in this State, to 
 wit, the State aforesaid, and incorporated by the laws thereof, 
 with intent tlien and there to complete the unfinished bank bill 
 aforesaid, with intent then and there to utter and pass the same, 
 and thereby defraud the president, directors and company of 
 
 the bank of aforesaid, the said J. S. then and there 
 
 well knowing the same to be false, forged and counterfeit ; 
 against, etc., etc. 
 
 {e) Making fictitious bank bills, etc. 
 
 This ofiBnse is the subject of section 11 of the Criminal 
 Code. 
 
 Decisions — none in Illinois. Limitation and Penalty — 
 same as under section 73. 
 
 1. Indictment for making fictitious bank hills. (Id. § 77.) • 
 {Follow directions in next preceding form, and go on thus : ) 
 leloniously did falsely make a certain false and fictitious bill, 
 purporting to be issued by the president, directors and company 
 
 of the bank of , in the State of , for the payment of 
 
 money to bearer, to wit, for the sum of five dollars, when in fact 
 and in truth there was not any such banking company in 
 existence, he, the said J. S., then and there well knowing the 
 said bill to be fictitious, with intent then and there to pass, 
 utter and publish ■ the same as true, with intent to defraud 
 J. N. ; against, etc., etc. 
 
 2. Same for having fictitious hills in possession, with intent to 
 utter, etc. (Id. § 77.) 
 
 (Follow directions in next preceding form, and go on thus:) 
 feloniously had in his possession a certain fictitious bill, pur- 
 
 jjorting to be a bill of the — — bank of , in the State of 
 
 , for the payment of money, to wit, the sum of five dol- 
 lars, when in fact there was not then any such bank in exist- 
 ence, he, the said J. S., then and there well knowing the said 
 bill to be fictitious, with intent to pass, utter and publish the 
 
COVNTERFEITTNG. 107 
 
 same as true, with intent to defraud J. N. ; against, etc., and 
 contrary, etc. 
 
 {f) Making and having in possession appaeatus foe 
 
 COUNTEEFEITING. 
 
 This oiFense is the subject of section 78 of Criminal Code. 
 Decisions. — Miller v. The People, 2 Scam. 233. 
 Limitation and Penalty — same as under section Y3, with 
 destruction of the apparatus for counterfeiting. 
 
 1. Indictment for making a counterfeiting tool. 
 (K. S. 1845, ch. 80, § 78 ; Purp. 374 ; Scates, 387.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C, aforesaid, and the 
 
 county aforesaid,* feloniously did engrave and make a certain 
 plate, the same being then and there an instrument and imple- 
 ment adapted and designed for the forgery and making of 
 false and counterfeit bills in the similitude of the bills issued 
 
 by the president, directors and company of the bank of , 
 
 then being a banking company legally established in this State, 
 to wit, the State aforesaid ; against, etc., etc. 
 
 2. Indictment for making a tool to be used in counterfeiting 
 coin. (Id. § 78.) 
 
 ( Use JVb. 1 to *, and go on thus : ) 
 feloniously did make a certain die, the same being then and 
 there an instrument and implement adapted and designed for 
 use in counterfeiting the current coin of this State, to wit, the 
 State aforesaid, with intent to use and employ the same, and to 
 cause and permit the same to be used and employed in coun- 
 terfeiting coin, and in making the false and counterfeit coin 
 aforesaid ; against, etc., etc. 
 
 3. Indictment for having in possession tools for counterfeiting 
 coin, vHth intent to use the same. (Id. § 78.) 
 
 ( Use No. 1 to *, and go on thus : ) 
 knowingly and feloniously did have in his possession a certain 
 
108 Indictments. 
 
 tool and instrument designed for, and made use of, in counter- 
 feiting the coin current in this State, to wit, the State afore- 
 said, called a die, with intent to use and employ the same in 
 eoining^and making the false and counterfeit coin aforesaid; 
 against, etc., etc. 
 
 4. Another form for sam.e. (Id.) 
 ( Use Mb. 1 to *, and go on thus .•) 
 knowingly and feloniously did have in his possession, a certain 
 mould, pattern, die, puncheon, tool and instrument adapted 
 and designed for coining and making one side of a counterfeit 
 coin in the similitude of one side or half part of a certain silver 
 coin, called a half-dollar, to wit, that side or half part thereof, 
 which represents a spread eagle, and has the words " United 
 States of America'''' — '■'■ half-dollar •^'' said coin, called a half- 
 dollar, being current by law and usage in this State, to wit, the 
 State aforesaid, with intent then and there to employ the same 
 mould, pattern, die, puncheon, tool and instrument, and cause 
 the same to be used and employed in coining and making such 
 false and counterfeit coin, as aforesaid ; against, etc., and con- 
 trary, etc. (Train & Heard, 231.) 
 
 5. Indictment for having in possession a tool to be used in coun- 
 terfeiting bank notes, with intent to use same. (Id.) 
 
 ( Use JVb. 1 to *, and go on thus :) 
 feloniously had in his possession a certain engraved plate, the 
 same being then and there an instrument adapted and designed 
 for the forging and making false and counterfeit notes in the 
 similitude of the notes issued by the president, director and 
 company of the bank of , then being a banking com- 
 pany established in this State, situate, to wit, at C, in the 
 county of C, and State aforesaid, with intent then and there to 
 use the same in forging and making false and counterfeit notes 
 in the similitude of the notes issued by the said president, 
 
 directors and company of the said bank of ; against, 
 
 etc., etc. (Train & Heard, 229.) 
 
FOBGEBY. 109 
 
 {(f) FoEGINGjETC, THE GEEAT SEAL OF THE StATE, AND OTHER 
 SEALS OF PUBLIC OFFICERS AND COEPOEATIONS. 
 
 This is the subject of section 81 of the Criminal Code. 
 Decisions -^Tiione in Illinois. Limitation and penalty — 
 same as under section 73. 
 
 1. Indictment for counterfeiting the seal of the State, 
 (E. S. 1845, ch. 30, § 81 ; Purp. 374 ; Scates, 387.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, the seal of this State, to wit, the State afore- 
 said, falsely, deceitfully, fraudulently and feloniously did forge 
 and counterfeit ; against, etc., etc. 
 
 Second count. — {Use com,mencemsnt of second count, ante, 
 Outline Indictment.) That the said J. S. afterward, to wit, on 
 the day and year aforesaid, at C. aforesaid, in the county afore- 
 said, falsely, deceitfully, fraudulently and feloniously did utter 
 a certain other false, forged and counterfeit seal of this State as 
 aforesaid, then and there well knowing the same to be false, 
 forged and counterfeit ; against, etc., etc. (Arch. 367.) 
 
 Note. — The above can readily be altered to apply to counterfeiting the seal 
 of any court, county, or corporation. 
 
 (A) Fraudulent issue and transfer of stock of corpora- 
 tions, ETC. 
 
 These offenses are the subject of an act of 1855. (Laws of 
 1855. p. 163, §§ 1, 2.) 
 
 Decisio7is — none in Illinois. 
 
 Limitation — under both sections, three years. Penalty — 
 under both sections, fine not over $2,000, and penitentiary not 
 more than ten years, as the jury shall determine. 
 
 1. Indictment for fraudulent issue of stock. 
 (Laws 1855, p. 163, § 1 ; Purp. 395 ; Scates, 421.) 
 That J. S., late of C, in the county of C, on the first day 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
110 Indictments. 
 
 county aforesaid, the said J. S. then and there being an officer, 
 
 to wit, tlie cashier of the bant, a corporation then and 
 
 there duly and legally established, organized and existing un- 
 der and by virtue of the laws of this State, to wit, the State 
 aforesaid, as an incorporated bank,* did willfully, designedly, 
 fraudulently and feloniously sign a certain false and fraudulent 
 certificate, purporting to be a certificate of ownership of a 
 share in the capital stock of the incorporated banking com- 
 pany aforesaid, with intent to sell said false and fraudulent 
 certificate, he, the said J. S., then and there not being author- 
 ized to sign the certificate aforesaid by the charter and by-laws 
 of said banking company, nor by any amendment thereof; 
 against, etc., and contrary, etc. (See Arch. 378.) 
 
 2. Indictment for fraudulent sale of stock. (Id. § 2.) 
 ( Use N^o. 1 to *, a7id go on thus :) 
 did willfully, knowingly, designedly, fraudulently and feloni- 
 ously sell to one J. N. a certain false and fraudulent certificate, 
 purporting to be a certificate of a share in the capital stock of 
 the banking company aforesaid, with intent to defraud the 
 said J. N., he, the said J. S., then and there well knowing the 
 said certificate to be false and fraudulent ; against, etc., and 
 contrary, etc. (See id. 379.) 
 
 Section 7. Ceimes and offenses against public justice. 
 
 This forms the subject of division 9 of the Criminal Code, 
 sections 82-111, inclusive ; and embraces several crimes and 
 ofienses, all which, with subsequent statutes under this head, 
 are herein noticed. 
 
 (a) Peejuey and suboenation of peejuey. 
 
 These are the subjects of sections 82, 83 and 84 of the Crimi- 
 nal Code, and Laws 1869, p. 143, § 6, and id. p. 199, § 1. 
 
 Decisions. — Pankey v. People, 1 Scam. 80 ; Crandall v. 
 Dawson, 1 Gilm. 556, and cases -cited; Morrell v. People, 32 
 111. 499; Commonwealth v. White, 8 Pick. 452; State y. Fur- 
 long, 26 Maine, 69 ; State v. Street, id. 33 ; CommonwealtK y. 
 
Feb JUST. Ill 
 
 luught, 12 Mass. 373 ; Same v. Fhjnn, 3 Cnsli. 525 ; Same v. 
 Pollard, 12 Mete. 229 ; State v. ffathaioay, 2 Nott & McCord, 
 118 ; State v. Mumford, 1 Dever, 519 ; Rex v. Dowlin, 5 I. E. 
 320 ; ^ea? v. Aylett, 1 id. 63 ; Lavey v. ^e^., 2 Den. C. C. 504 ; 
 Eeg. V. Ilallet, id. 237'' Hex v. Jiichards, 7 Dowl. & Ejl. 665. 
 
 limitation — three years. Penalty — for perjury and sub- 
 ornation to perjury, under section 82, penitentiary, not less 
 than 3'ear, nor more than fourteen years ; under section 83, 
 where death is caused by perjury, it is murder, and punished 
 as snch. 
 
 These crimes are infamous under section 174 of the Crim- 
 inal Code. 
 
 Under Law of 1869, p. 143, g 6, " Constitutional Convention," 
 false swearing, as to any of the oaths required by the act, is 
 perjury, and punished as such. (See § 82 above.) 
 
 Under Law of 1869, p. 199, § 1, " to prevent frauds in elec- 
 tions for subscription to stock or for donations in aid of incor- 
 porated companies — or concerning county seats," the statutes 
 as to perjury imder the election law, February 22, 1861, § 4, 
 and registry act section 14, apply to perjuries under this Law 
 of 1869, in the elections mentioned. 
 
 I. Indictment for perjury on a trial before a justice of the peace. 
 (R. S. 1845, ch. 30, § 82; Purp. 375; Scates, 388.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of March, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, in a certain cause in which A. B. was plaint- 
 iff, and C. D. defendant, which said cause was then and there 
 tried before E. F., a justice of the peace of said county of C, 
 on the trial of which cause said J. S. appeared as a witness for 
 and on behalf of the said A. B.,was-tlien and there duly sworn 
 {or '■'■ affirmed" )hj the said E. F., who had full power and 
 authority to administer the oath, that the evidence he should 
 give relating to the matter in difference between the parties 
 should be the truth, the whole truth, and nothing but the 
 truth ; and that upon the trial of said cause, it became a mate- 
 rial question whether the said A. B. had sold to the said C. D. 
 twenty bushels of wheat, and that thereupon the said J. S., 
 
112 Indictmekts. 
 
 having then and there so sworn as aforesaid, did then and 
 tliere, to wit, on the trial of said cause, before the said E. F., 
 justice as aforesaid, falsely, willfully and corruptly depose, 
 swear and give in evidence among other things, in substance 
 
 as follows, to wit, that on or about the day of — — , in 
 
 the year of our Lord , the said A. B. did sell to the said 
 
 C. D. twenty bushels of wheat,f whereas in truth and in fact, 
 
 the said A. B. did not, on or about the day of , in 
 
 tlie year of our Lord , or any other time, sell to the said 
 
 C. D. twenty bushels of wheat, or any other quantity of 
 wheat ; and so the jurors aforesaid, upon their oaths aforesaid, 
 do say, that the said J. S., on the first day of March, in the 
 year last aforesaid, at C aforesaid, in the county aforesaid, be- 
 fore the said E. F., justice, etc., he, the said E. F., having lawful 
 power and authority as aforesaid, by his own act and consent, 
 and of his own most wicked and corrupt mind, in manner and 
 form aforesaid, falsely, wickedly, willfully and corruptly did 
 commit willful and corrupt perjury, to the great displeasure of 
 Almighty God, in contempt of the people of the State of Illi- 
 nois, and the laws thereof to the evil and pernicious example 
 of all others in the like case offending; against, etc., and con- 
 trary, etc. 
 
 2. Indictment for perjury, on trial at the Circuit Court. (Id.) 
 That heretofore, to wit, at the April Term of the Circuit 
 Court, for the county aforesaid, the Honorable A. B., judge of 
 said court, presiding, a certain issue between one J. L. and one 
 J. "W., in a certain plea of trespass and assault, wherein the 
 said J. L. was plaintiff and the said J. W. was defendant, came 
 on to be tried in due form of law, and was then and there 
 tried by a jury of the country in that behalf, duly sworn and 
 taken between the parties aforesaid ; upon which said trial, 
 J. S., late of C, in the county of C, then and there appeared 
 as a witness for and on behalf of the said J. W., the defendant 
 in the plea aforesaid, and was then and there duly sworn before 
 the Honorable A. B., Circuit Judge, so presiding; that the 
 evidence, which he, the said J. S., should give to the court 
 there, and to the said jury, so sworn as aforesaid, touching the 
 matter then in question, between the said parties, should be 
 
PERJXmY. 113 
 
 the truth, thei whole truth and nothing but the truth, he, the 
 said Honorable A. B., Circuit Judge, as aforesaid, then and 
 there having full power and authority, to administer the said 
 oath to the said J. S. in that. behalf; and the jurors first 
 aforesaid, upon their oaths aforesaid, do further present, that at 
 and upon the trial of the said issue, so joined between the said 
 parties as aforesaid, it then and there became, and was a 
 material question, whether the said J. W. assaulted and beat 
 the said J. L. ; and the jurors first aforesaid, upon their oath 
 aforesaid, do further present, that the said J. S., being so sworn 
 as aforesaid, not having the fear of God before his eyes, nor 
 regarding the laws of this State, but being moved and seduced 
 by the instigation of the devil and contriving and intending to 
 prevent the due course of law and justice, and unjustly to 
 aggrieve "the said J. L., the plaintiff in the said issue, and 
 to deprive him of the benefit of bis suit then in question, and to 
 subject him to the payment of sundry heavy costs, charges and 
 expenses, then and there, on the trial of the said issue, upon 
 his oath aforesaid, falsely, corruptly, knowingly, willfully and 
 maliciously, before the said jurors, so sworn as aforesaid, and 
 before the Honorable A. B., Circuit Judge, as aforesaid, did 
 depose and swear (among other things) in substance and to the 
 effect following, that is to say {here set out the evidence, with 
 the necessary innuendoes), whereas, in truth and in fact {here 
 assign the perjury, as in Wo. 1, at f). And so the jurors 
 aforesaid, upon their oaths aforesaid, do say {here follow No. 1, 
 above, to the end, oinitting JE. JF., justice, and substituting' 
 '•'■Honorable A. B., Circuit Judge''''); conclude against the 
 peace and contrary to the statute. (See Arch. 573.) 
 
 3. Indictment for perjury in affidavit for a capias. (Id. § 82.) 
 That J. S., late of C, in the county of C, wickedly and 
 maliciously-contriving and intending unjustly to aggrieve on& 
 J. N., and to put him, ihe said J. N., to great expense, and 
 also unjustly and maliciously to cause him, the said J. N., to'be- 
 arrested for the sum of five hundred dollars, by virtue of a writ 
 of the people of the State of Illinois, called a capias ad respon- 
 dendum, to be sued out and prosecuted at the suit of him, the 
 15 
 
114 Indictments. 
 
 said J. S., he, the said J. S., on the third day of August^ iu the 
 
 year of our Lord , at C. aforesaid, in tlie county aforesaid, 
 
 came in his proper person before G. H., then being clerk of the 
 Circuit Court of the county aforesaid, then and there produced a 
 certain affidavit in writing of him, the said J. S., and then and 
 there before the said Gr. H., clerk as aforesaid, in due form of 
 law was sworn concerning the truth of the matters contained 
 in said affidavit, he, the said G. H., then and there having full 
 power to administer the said oath to the said J. S. in that 
 behalf; and that the said J. S., being so sworn, not having the 
 fear of God before his eyes, but being moved and seduced by 
 the instigation of the devil, then and there, upon his oath afore- 
 said, before the said G. H., clerk as aforesaid, the said G. H. 
 having full power to administer the said oath to the said J. S. 
 in that behalf, falsely, corruptly, knowingly, willfully and 
 maliciously in and by his said affidavit in writing, did depose 
 and swear (among other things) in substance, and to the^ effect 
 following, that is to say, that the said J. N. (meaning the said 
 J. N. above mentioned), was then justly and truly indebted 
 unto him, the said J. S., in the sum of five hundred dollars, for 
 goods sold and delivered by the said J. S. to the said J. N., and 
 at his (meaning the said J. Wb.) request, as in and by the said 
 affidavit of the said J". S., filed in the office of the clerk of the 
 court aforesaid, more fully and at large appears ; whereas, in 
 truth and in fact, the said J. N., at the time the said J. S. made 
 his oath and affidavit aforesaid, was not indebted to him, the 
 said J. S., in the sum of five hundred dollars, for goods sold 
 and delivered by the said J. S. to the said J. N., and whereas, 
 in truth and in fact, the said J. IS. was not then indebted to 
 the said J. S. in the sum of five hundred dollars on any account 
 whatever ; and whereas, in truth and in fact, the said J. N. was 
 not then indebted to the said J. S. in any sum whatsoever, on 
 any account whatever, to the manifest perversion of public jus- 
 tice ; against, etc., and contrary, etc. (See Arch. 567.) 
 
 4. Indictment for subornation to perjury, (Id. § 82.) 
 That heretofore, to wit, in September Term, in the year of 
 our Lord , a certain issue was joined in the Circuit Court 
 
Perjubt. 115 
 
 of the county of C, in the State aforesaid, the said Circuit 
 Court then being holden at C, in the county aforesaid, be- 
 tween one J. L. and J. W., in a certain plea of trespass and 
 assault in which the said J. L. was plaintiff, and the said J. 
 W. defendant; and the jurors. aforesaid, upon their oath afore- 
 said, do further present, that afterward, and before the trial of 
 the said issue as hereinafter mentioned, and while same was 
 depending, to wit, on the third day of July, in the year afore- 
 said, J. S., late of C, in the countj' of C, not having the fear 
 of God before his eyes, but being moved and seduced by the 
 instigation of the devil, and wickedly contriving and intend- 
 ing to pervert the due course of law and justice, and wickedly 
 and maliciously contriving and intending to aggreive the said 
 J. L., the plaintiff in said issue, and to deprive him of the 
 benefit of his suit then in question, and to subject him to the 
 payment of sundry heavy costs, charges and expenses then and 
 there, to wit, on the day and year aforesaid, at C. aforesaid, 
 in the county aforesaid, unlawfully, corruptly, wickedly and 
 maliciously did solicit, suborn, instigate and endeavor to per- 
 suade one J. IS. to be and appear as a witness on the trial of 
 said issue, for and on behalf of the said J. W., defendant in 
 the said issue, and upon the said trial falsely to swear and give 
 in evidence, to and before the jurors which should be sworn to 
 try the issue aforesaid, certain, matters material and relevant 
 to the said issue, and to the matters therein, and thereby put 
 in issue, in substance, and to the effect following, that is to. 
 say, that the said J. W. (meaning the defendant in the issue 
 aforesaid) did, on a certain day then past, to wit, on the tenth 
 day of April, in the j^ear aforesaid, beat, wound and bruise the 
 said J. L. (meaning the plaintiff in the issue aforesaid), and 
 did knock him, the said J. L., down, and with a large stick 
 did then and there beat, wound and bruise, and greatly dis- 
 figure the said J. L. while he was so down ; and the jurors first 
 aforesaid, upon their oath aforesaid, do further present, that 
 afterward, to wit, at the Circuit Court in and for the countj'^ 
 aforesaid, at the September Terra thereof, in the year of our 
 
 Lord , held before the Honorable A. B., Circuit Judge, 
 
 the issue aforesaid came on to be tried, and was then and there 
 tried by a jury of the country in that behalf, duly sworn and 
 
116 Indictments. 
 
 taken between the parties aforesaid ; upon which said trial, the 
 said J. N., in consequence and by the means, encouragement 
 and effect of the said wicked and corrupt subornation and pro- 
 curement of the said J. S., did then and there appear as a wit- 
 ness, for and on behalf of the said J. W., the defendant, in a 
 plea above mentioned, and was then and there sworn, before 
 the Honorable A. B., Circuit Judge, as aforesaid ; that the evi- 
 dence which he, the said J. N. should give to the court there, 
 and to the jury so sworn as aforesaid, touching the matters then 
 in question between the parties, should be the truth, the whole 
 truth, and nothing but the truth (he, the said Honorable A. B., 
 Circuit Judge, having full power to administer the said oath to 
 the- said J. 1^. in that behalf), and that, at and iipon the trial 
 of the said issue so joined between the said parties, it then and 
 there became a material question, whether the said J. "W". 
 assaulted and beat the said J. L., and the said J. N., being so 
 sworn as aforesaid, falsely, corruptly and willfully before the 
 jurors so sworn, and taken between the said parties as afore- 
 said, and before the said circuit judge as aforesaid, did depose 
 and swear, among other things, in substance, and to the effect 
 following, that is to say, that {here set out J. JV^s. evidence in 
 substance, the same as is above stated, where the subo7mation is 
 charged), whereas, in truth and in fact, the said J. W. did not, 
 etc. {proceed here to assign the perjury as in No. 3 above). 
 And whereas, in truth and in fact, the said J. S. at the time 
 he so solicited, suborned and instigated, and endeavored to per- 
 suade the said J. N. falsely and corruptly to swear as aforesaid, 
 well knew that {etc., following the words in the assignment of 
 perjury). And so the jurors aforesaid, upon their oath afore- 
 said, do say, that the said J. S., on the third day of July, in 
 the year of our Lord aforesaid, at C. aforesaid, in the county 
 aforesaid, did unlawfully, curruptly, wickedly and maliciously 
 suborn' and procure the said J. N. to commit willful and cor- 
 rupt perjury in and by his oath aforesaid, before the said 
 jurors so sworn, and taken between the parties as aforesaid, and 
 before the said Honorable A. B., Circuit Judge, as aforesaid (the 
 said Honorable A. B. then and there having full power to ad- 
 minister said oath to the said J. N.), to the great displeasure of 
 Almighty God, the evil and pernicious example of all others in 
 the like case offending ; against, etc., and contrary, etc. (Ar. 575.) 
 
Murder, tsrough Perjury. H7 
 
 (5) mubdek, wheee death by execution was caused bt 
 
 PEEJUET. 
 
 1. Indictment for murder, the death, hy execution, being caused 
 by perjury. (Id. § 83.) 
 
 That heretofore, to wit, at the September Term of the 
 Circuit Court, in and for the countj'^ of C, the Honorable 
 
 A. B., Circuit Judge, of the judicial circuit of the State 
 
 of Illinois, of which judicial circuit said county of C. forms 
 part, presiding, a certain indictment wherein the people of the 
 State of Illinois were plaintiffs and one J. W. was defendant, 
 charged with the willful murder of one J. L., by the said J. W., 
 by stabbing him, the said J. L., with a knife, came on to be 
 tried in due form of law, and was then and there tried by a 
 jury of the 'country in that behalf, duly sworn and taken 
 between the parties aforesaid, upon which said trial J. S., late 
 of C, in the county of C, then and there appeared as a wit- 
 'ness for and on behalf of the said J. "W"., the defendant in the 
 indictment aforesaid, and was then and there duly sworn 
 before the Honorable A. B., Circuit Judge, so presiding, as 
 aforesaid ; that the evidence which he the said J. S. should give 
 to the court there, and to the said jury so sworn as aforesaid, 
 touching the matter then in question between the said parties, 
 should be the truth, the whole truth and nothing but the 
 truth, he, the said Honorable A. B., Circuit Judge, then and 
 there having full power to administer the said oath to the 
 said J. S. in that behalf. And the jurors first aforesaid, upon 
 their oath aforesaid, do further present, that, at and upon the 
 trial of the indictment aforesaid, it then and there became, 
 and was a material question, whether the said J. "W. did stab, 
 cut and thrust the knife aforesaid, in the left breast of the 
 said J. L., and thereby did, of his malice aforethought, 
 the said J. L. kill and murder. And the jurors first afore- 
 said, upon their oath aforesaid do further present, that the 
 said J. S. being so sworn as aforesaid, not having the fear of 
 God before his eyes, nor regarding the laws of this State, but 
 being moved and seduced by the instigation of the devil, and 
 contriving and intending to pervert the due course of law and 
 justice, and feloniously to procure the conviction of the said 
 J. "W". under the indictment aforesaid, and subject him to the 
 
118 Indictments. 
 
 punishment of death, by hanging hj the neck until he was 
 dead, then and there, on the trial of the indictment aforesaid, 
 did feloniously, falsely, wickedly, corruptly, knowingly, will- 
 fully and of his malice aforethought, before the said jurors so 
 sworn as aforesaid, and before the said Honorable A. B., Circuit 
 Judge, as aforesaid, depose and swear, among other things, 
 in substance and to the effect following, that is to say, that on 
 
 the first day of July, in the year of our Lord , at C. afore 
 
 said, in the county aforesaid, the said J. "W"., of his malice 
 aforethought, the said J. L. with the knife aforesaid, did stab, 
 cut and thurst the knife aforesaid, in the left breast of said J. 
 L., and a mortal wound thereby on him, the said J. L., did 
 inflict, and of which said mortal wound the said J. L. then 
 and there instantly died {liere assign the perjury as m No. 3 
 above, thus, " whereas in truth," etc.) ; and the jurors first afore- 
 said, upon their oath aforesaid, do further present, that hereto- 
 fore, to wit, at the — Term of the Circuit Court aforesaid, in the- 
 year of our Lord — aforesaid, holden at C, in the county afore- 
 said, the Honorable A. B., Circuit Judge aforesaid, presiding, 
 the jurors so sworn and taken by the parties aforesaid, did 
 bring into open coiirt aforesaid, their verdict of "guilty" 
 against the said J. W., for the killing and murder aforesaid of 
 J. L. aforesaid by said J., W., which verdict the court tlien and 
 there did record, and judgment of conviction on said verdict 
 then and there was duly rendered and entered of record, 
 and the said J. W. then and there was sentenced by the court 
 aforesaid to be hanged by the neck until he be dead ; and the 
 jurors first aforesaid, upon the oath aforesaid, do further pre- 
 sent, that pursuant to the judgment of conviction and sentence 
 aforesaid, the said J. AV". was executed in due form of law by 
 hanging by the neck until he died, to wit, at C. aforesaid, in the 
 
 county aforesaid, on the day of , in the year of our 
 
 Lord aforesaid ; and so the jurors first aforesaid, on their oaths 
 
 aforesaid, do say, that the said J. S., on the day of , in 
 
 the year of our Lord , at C. aforesaid, in the county afore- 
 said, before the Honorable A. B., Circuit Judge aforesaid, and 
 the jurors so sworn and taken as aforesaid between the parties, 
 in the indictment aforesaid named, he, the said Honorable A. 
 B., Circuit Judge, then and there having full power to admin- 
 
Bribebt. 119 
 
 ister the oath aforesaid to the said J. S., by his own act and 
 consent, and of his own most wicked and corrupt mind, in 
 manner and form aforesaid, falsely, wickedly, willfully and 
 corruptly did commit willful and corrupt perjury, and of his 
 malice aforethought, did thereby cause the death of the said 
 J. W., and by force of the statute in such case made and pro- 
 vided, did commit murder ; and so the jurors first aforesaid, 
 upon their oath aforesaid, do say, that of his malice afore- 
 thought, the said J. S. the said J. "W. did kill and murder; 
 against, etc., and contrary, etc. 
 
 (c) Beibeet. 
 
 This crime is the subject of sections 85, 86, 87, of the Crim- 
 inal Code. 
 
 Deoisiona. — ^^ Under sections 85 and 87, none in Illinois; 
 under section 86, see Cook v. Shipman, 24 111. 614. On 
 Bribery in general, see Z7. S. v. Worrall, 2 Dallas, 384 ; Bars- 
 field v. The State, 14 Ala. 603 ; Commw. v. Chapman, 1 Yirg. 
 Cases, 138 ; 3 Greenl. Ev. § 72 ; Arch. Cr. PI. 586. 
 
 Limitation — under sections 85, 86, three j'ears; under sec- 
 tion 87, eighteen months. Penalty — under sections 85 and 86, 
 penitentiary not less than one nor more than five years ; under 
 section 86, fine not over $500. 
 
 1. Indictment for bribery of justice of th^ peace, to influence him 
 to favor, etc. 
 
 (R. S. 1845, ch. 30, § 85 ; Purp. 375 ; Scates, 388.) 
 
 That heretofore, to wit, on the first day of July, in the year 
 
 of our Lord , at C, in the county of C, one A. C, 
 
 Esquire, then and there being a justice of the peace in and for 
 said county, duly commissioned to perform and fulfill the duties 
 appertaining by law to said office of justice of the peace in 
 and for said county, did then and there make a certain warrant, 
 under his hand and seal, in due form of law, bearing date the 
 day and year aforesaid, directed to all constables of said county, 
 and especially to J. N"., commanding him to take and bring 
 before the said A. C, so being such justice of the peace, or 
 before some other justice of the peace within and for said 
 county, the body of D. F., late of C, aforesaid, in the county 
 
120 Indictments. 
 
 aforesaid, to answer {as in warrant stated) and wMch warrant 
 afterward, to wit, on the day and year aforesaid, in the county 
 aforesaid, was delivered to the said J. IS., then being one of the 
 constables of C. aforesaid, to be executed in due form of law. 
 And the jurors aforesaid, on their oath aforesaid, do further 
 present, that J. S., late of C, aforesaid, in the county afore- 
 said, well knowing the prenaises, and the said warrant not 
 having as yet been executed by J. N., aforesaid, the constable 
 aforesaid, contriving and unlawfully intending to pervert the 
 due course of law and justice (a), and to corrupt, induce and 
 influence A. C, aforesaid, the justice of the peace aforesaid, 
 before whom the charge and complaint aforesaid was made and 
 then pending, and as yet undetermined *, to be more favorable 
 to him, the said D. F., than to the complainant, unlawfully, will- 
 fully and corruptly, on the day and year aforesaid, did give "the 
 sum of fifty.dollars in money into the hands of said A. C, so 
 being justice of the peace aforesaid, and by whom the com- 
 plaint aforesaid was to be heard and determined, in order that 
 he, the said A. C, on said hearing and in his determination 
 and judgment should be more favorable to the said D. F. than 
 to the complainant. And so the jurors aforesaid, upon their 
 oath aforesaid, do say, that the said J. S., on the first day of 
 July, in the year aforesaid, at 0. aforesaid, in the county 
 aforesaid, in manner and form aforesaid, unlawfully, wickedly 
 and corruptly did bribe the said A. C, so being justice of the 
 peace as aforesaid. And so the jurors aforesaid, on their oath 
 aforesaid, do say, that f by force of the statute in such case made 
 and provided, the said J. S. has committed bribery, in contempt 
 of the people and the law, in the perversion of justice and to 
 the evil example of all others in the like case offending; 
 against, etc., and contrary, etc. ( See Arch. 580.) 
 
 2. Indictment for bribery of a justice of the peace to execute his 
 office with partiality. (Id. § 86.) 
 
 ( Use No. 1 above to *, making the indictment ■ accord with the 
 facts, and go on thus:) 
 
 should execute the powers in him vested by law as such justice 
 of the peace, with partiality to said D. F., and otherwise than 
 as reqxiired by law to be by him performed and executed. And 
 
Frauds by Public Officers. 121 
 
 so the jurors aforesaid, upon their oath aforesaid, do say that 
 {use No. 1 at dagger [f] to end) ; against, etc., and contrary, etc. 
 
 3. Indictment for iribery of a constable. (Id. § 87.) 
 {Use No. 1 to [a], and go on thus:) 
 and to prevent the said D. F. fi'om being arrested and taken 
 under and by virtue of the warrant aforesaid, afterward, to wit, 
 on the day and year aforesaid, unlawfully, wickedly and cor- 
 ruptly did offer unto the said J. N., so being constable as aforC' 
 said, and having in his possession the said warrant so delivered 
 to him to be execiited as aforesaid, the sum of fifty dollars, if 
 he, the said J. N. would refrain from executing the said war- 
 rant, and from taking and arresting the said J. !N"., under and 
 by virtue of the same, for and during ten days from that time, 
 that is to say, from the time he, the said J. S., so offered the 
 said fifty dollars to the said J. N. as aforesaid. And so the 
 jurors aforesaid, upon their oath aforesaid, do say, that the said 
 J. S., on the first day of July, in the year aforesaid, at 0. afore- 
 said, in the county aforesaid, in manner and form aforesaid, did 
 unlawfully attempt and endeavor to bribe the said J. N., so 
 being constable as aforesaid, to neglect and omit to do his duty 
 as such constable, and to refrain from taking and arresting the 
 said D. F., under and by virtue of the warrant aforesaid, in 
 contempt of the people and the law, and to the evil example of 
 all others in the like case offending ; against, etc., and contrary, 
 etc. (See Arch. 680.) 
 
 {d) Public officees oe others stealing, embezzling, alteeino, 
 
 ETC., PUBLIC EECOEDS, ETC. 
 
 This crime is the subject of section 88 of the Criminal Code. 
 
 Decisions — none in Illinois. See Rex v. Walker, 1 Mo. C. 
 C. 155. 
 
 Limitation — three years. Penalty — penitentiary not less 
 than one, nor over seven years. 
 
 Note. — This section 88 refers to all public officers, and other persons, and 
 embraces stealing, embezzling, altering, corrupting, withdrawing, falsifying or 
 avoiding any record, etc. ; it also extends to falsely discharging and concealing 
 any issue, etc., and to forging, etc., any recorded document, and to altering, 
 etc., public records. 
 16 
 
122 Indtctsients. 
 
 1. Indictment for stealing a record. 
 (E. S. 1845, ch. 30, § 88 ; Purp. 376 ; Scates, 389.) 
 That J. S., late of C, in the county of C, on the third day 
 of August, in the year of our Lord — — , at C. aforesaid, in 
 the county aforesaid, a certain judgment record of the Circuit 
 Court of the county aforesaid, in and for said county, in the 
 office of the clerk of said court at C. aforesaid, in the county 
 aforesaid f, then and there being *, then and there unlawfully 
 and feloniously did steal, take and carry away ; against, etc., 
 and contrary, etc. (Arch. 200.) 
 Note. — TTie ownership or value need not he alleged. 
 
 2. Indictment for altering a public record. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 then and there unlawfully, feloniously and maliciously did alter, 
 deface and falsify ; against, etc., and contrary, etc. (Arch. 201.) 
 
 3. Indictment for wit/idi'awing a record. (Id.) 
 
 ( Use No, 1 to f , and go on thus :) 
 from its place of deposit for the time being, from the office of 
 the said clerk of said court, unlawfully and fraudulently take 
 and withdraw ; against, etc., and contrary, etc. 
 
 Note. — A second count stating the fraudulent purpose may be added. 
 
 {e) iNHtMANITT OF JAILOB. 
 
 This offense is the subject of section 89 of the Criminal Code. 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $500, and removal from office. 
 
 1. Indictment of jailer for inhumanity. 
 (R. S. 1845, ch. 30, § 89 ; Purp. 376 ; Scates, 389.) 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid, then and there being jailer of the common 
 
Offtcers Overholoing Records. 123 
 
 jail of the comity ^foresaid, at C. aforesaid, in said county, and 
 bound by law to discharge the duties of his office, as sncli jailer 
 faithfully and according to law, did Tinlawfully, willfully and 
 inhumanly oppress one J. N., then and there in the common 
 jail aforesaid, being a prisoner in the custody and charge of the 
 said J. S., as such jailer, by divers tickings and beatings, with- 
 out lawful cause or provocation, to the injury of the said J. N., 
 and the scandal of the administration of justice, in contempt 
 of the people aforesaid, and of the laws of the State of Illinois; 
 against, etc., and contrary, etc. 
 
 {f) Officees oveeiioldlng kecoeds, etc., feom theie suc- 
 CEssoES m office. 
 
 This offense is the subject of section 90, of Criminal Code/ 
 
 Decisions — none in Illinois. 
 
 Liinitation — three years. Penalty — penitentiary not less 
 than one year, nor more than five years. ^ 
 
 The above section e-xtends also to mutilating, etc., and tak- 
 ing records away from the office, so that the successor or party 
 entitled cannot get them. 
 
 1 . Indictment of Clerk of Circuit Court for withholding records 
 from his successor in ojfflce. 
 
 (R. S. 1845, ch. 30, § 90; Purp. 376; Scates, 389.) 
 That J. S., late of C, in the county of C, on the third day of 
 August, in the year of our Lord — — , at C. aforesaid, in the 
 county aforesaid, theretofore being clerk of the Circuit Court 
 in and for said county, and by law entitled to the custody and 
 charo'c of the records, papers and. documents in his office as 
 such clerk, during the continuance of the term of his office, as 
 Hxed by law, and bound by law to transfer all such records, 
 papers, and documents to his successor in said office, duly com- 
 missioned and qualified, and the tei'm of office of said J. S., as 
 clerk of said Circuit Court having expired in due course of 
 law and one J. N., of same place, then and there being the 
 duly elected clerk of said court, and being then and there 
 lawfully the successor of said J. S. in said office of clerk 
 
124 Indictments. 
 
 of said court, and the said J. S. being then and there 
 ready and willing his said office to enter upon and its 
 duties to execute and perform, and having required of and 
 demanded from said J. S. the custody and charge of said office, 
 and of the records, papers and documents therein and thereto 
 appertaining, he, the said J. S., then and there unlawfully, 
 willfully and maliciously did withhold and detain from the said 
 J. N. the records, papers and documents aforesaid, to the great 
 scandal of the administration, of justice, in contempt of the 
 people, etc., and the laws of the State of Illinois, and to the 
 evil example of all others in the like case offending ; against, 
 etc., and contrary, etc. 
 
 {g) PEESOlfATION. 
 
 This offense is the subject of section 91, of the Criminal Code. 
 
 Decisions. — I'lone in Illinois. (See Reg. v. Thompson, 2 M. 
 & E. 355.) 
 
 Limitation — three years. P-enalty — penitentiary not less 
 than one year, nor more than ten years. 
 
 1. Indictment for personation on acknowledgment of a deed. 
 (E. S. 1845, ch. 30, § 91 ; Purp. 3Y7; Scates, 390.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 count}'^ aforesaid, * did feloniously, and without due authority 
 so to do, personate one J. N., then of C. aforesaid, in the 
 county aforesaid, and did then and there feloniously acknowl- 
 edge in the name of said J. N., before A. B., a justice of the 
 peace in and for said county, a certain deed of land, situate in 
 said county, purporting to be from the said J. N. to one J. AV. ; 
 against, etc., and contrary, etc. 
 
 2. Indictment for personating bail. (Id.) 
 ( Use N^o. 1, above, to *, and go on thus :) 
 before the Honorable A. B., Circuit Judge of the Circuit 
 Court in and for the county aforesaid, at C. aforesaid, in the 
 
JinsiSTJNG Officers. 125 
 
 county aforesaid (tlie said A. B., Circnit Judge aforesaid, then 
 and there having lawful authority to take any recognizance of 
 bail in any suit or action depending in said court), then and 
 there did feloniously acknowledge a certain recognizance of 
 bail, in the name of J. Is., in a certain cause then depending 
 in the said court, wherein C. D. was plaintiff, and E. F. de- 
 fendant, he, the said J. S., not being then and there duly 
 authorized so to do, and the said J. N. not being then and 
 there privy or consenting to the said J. S. so acknowledging 
 such recognizance in his name as aforesaid ; against, etc., and 
 contrary, etc. (Arch. 401.) 
 
 {h) E.ESISTING Officees. 
 
 This offense is the subject of section 92 of the Criminal Code. 
 
 Decisions. — Wentworth v. People, 4 Scam. 550 ; McQuoid 
 V. People, 3 Gilm. 76 ; Gantrill v. People, id. 356 ; Bo^oers r. 
 People, 17 111. 373, this case gives a good form of indictment 
 for resisting an officer; State v. Hooker, 17 Verm. 658 ; State 
 V. Parley, 2 Strobh. 73 ; State v. Downer, 8 Term. 424 ; 
 Commonwealth v. Kirby, 2 ' Cush. 577 ; 2 Stark. Cr, PI. 407, 
 note (n). 
 
 Limitation — eighteen months. Penalty — fine not over 
 
 $500 and imprisonment not over one year. 
 
 Note. — Secuou 93 provides, that any officer who, under color of his com- 
 mission or authority, shall, without lawful necessity, assault or beat any one, 
 shall, on conviction, suffer same penalty. 
 
 1. Indictment for resisting a constable. 
 (E. S. 1845, ch. 30, § 92; Pui-p. 377; Scates, 390.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* in and upon one J. N., then and there being 
 a constable, and then and there being in the due execution of 
 his duty as sucli constable under a lawful process, and him, the 
 said J. N., so being in the execution of his duty as aforesaid, 
 then and there did beat, wound and ill treat, and other wrongs 
 to the said J. IS"., then and there did, to the great damage of 
 the said J. N. ; against, etc., and contrary, etc. (Arch. 459.) 
 
126 Indictments. 
 
 2. Another form. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 did knowingly and willfully obstruct, resist and oppose J. IT., 
 who was then and there a constable of said county, in attempt- 
 ing to serve an execution upon the goods and chattels of A. B., 
 which execution was issued by C. D., a justice of the peace of 
 the said county, and delivered to the said J. N., constable as 
 aforesaid, to be by him executed, upon a judgment rendered by 
 the said justice of the peace against the said A. B., in favor of 
 E. F. ; against, etc., and contrary, etc. 
 
 (*) REScrrES and Escapes. 
 
 These offenses are the subject of sections 93-101 inclusive. 
 
 Decisions — -under section 101. See Pease v. Hubbard, 37 
 111. 257. 
 
 Limitation. — Under sections 93, 94, 95, 97, three years; 
 under sections 96, 98, 99, 100 and 101, eighteen months, for 
 all, except where the offense charged is capital, when, three 
 years. 
 
 Penalty. — Under section 93, where the convict's punishment 
 is death, penitentiary not less than one year, nor over fourteen 
 years ; where less than death, same punishment as on rescued 
 convict. 
 
 Under section 94, fine not over $1,000, and penitentiary not 
 over three years, and where "rescued prisoner would be subject 
 to fine or imprisonment, or both, same punishment as on res- 
 cued prisoner. 
 
 Under section 95, penitentiary in solitary confinement not 
 over three months, and confinement to hard labor not over ten 
 years. 
 
 Under section 96, fine not over $200. 
 
 Under section 97, fine not over $500, and penitentiary not 
 over six months. 
 
 Under section 98, fine in amount not over that in the civil 
 process. 
 
 Under section 99, fine not over $500, and county jail not 
 over one year. 
 
Hescujss and Escapes. 127 
 
 Under section 100, fine not over $1,000, and county jail not 
 over one year. 
 
 Under section 101, fine not over $1,000, and county jail not 
 over six months. If the escaped prisoner be charged with mur- 
 der or any capital offense, penitentiary not less than one year, 
 nor over ten years. Negligent escape fined not over $500, 
 
 1. Indictment for escape of convict. 
 (R S. 1845, ch. 30, § 93 ; Purp. 378 ; Scates, 390.) 
 That heretofore, to wit, at a Circuit Court holden for the 
 county of C, in the State aforesaid, at the April Term thereof, 
 in the year of our Lord (here continue the record of con- 
 viction in the past tense), as by the record thereof more fully 
 and at large appears ; which said judgment still remains in full 
 force and effect, and not in the least manner reversed or made 
 void ; * and the jurors fii-st aforesaid, upon their oath afore- 
 said do further present, that afterward, to wit, at the said April 
 Term of the court above mentioned, he, the said J. N., was 
 then and there committed to the care and custody of the warden 
 of the penitentiary of said State, at C, in the county of C. 
 aforesaid, there to be kept in safe custody of the warden afore- 
 said of said penitentiary, for the term of his confinement, under 
 the sentence and judgment of the court aforesaid; f and the 
 jurors aforesaid, upon their oath aforesaid, do further present, 
 that J. S., late of C, in the said county, afterward, and before 
 
 the expiration of. the ( years, state the term of wnprison- 
 
 menf), which the said J. N. was so sentenced to be imprisoned 
 as aforesaid, and while said J. N". was in custody of the warden 
 aforesaid, of the penitentiary aforesaid,' to wit, on the first day 
 of July, in the year aforesaid, at C. aforesaid, in the county 
 aforesaid feloniously {if the offense of J. JV. was felony, if a, 
 misdemeanor, use the word " unlawfully^'' not ^'■feloniously "), 
 unlawfully, voluntarily and contemptuously did set at liberty 
 and suffer to escape the said J. N., and go at large, whitherso- 
 ever he would, whereby the said J. N. did then and there 
 escape out of said penitentiary, and go at large, whithersoever 
 he would ; in contempt of the people and laws of the State of 
 Illinois; against, etc., and contrary, etq, (See Arch. 553.) 
 
128 Indictments. 
 
 2. Indictmeiit for rescuing a felon from a constable before con- 
 viction. (Id. § 94.) 
 
 That on the first day of June, in the year of our Lord , 
 
 at C, in the county of C, J. S., then and there being one of 
 the constables of C. aforesaid, in the county aforesaid, legally 
 authorized and duly qualified to perform and discharge the' 
 duties of said office, brought one J. If. before A. C, esquire, 
 then being one of the justices of the peace within and for said 
 county of C, legally authorized and duly qualified to perform 
 and discharge the duties of said office ; and the said J. N. was 
 then and there charged before the said A. C. by one E. F., 
 upon the oath of the said E. F., that the said J. N. had then 
 lately before by force and against her will, feloniously ravished 
 and carnally knew the said E. F., and the said J. N. was then 
 and there examined before the said A. C, the justice aforesaid, 
 touching the said offense so to him charged as aforesaid, upon 
 which the said A. C, the justice aforesaid, did then and there 
 make a certain warrant under his hand and seal, in due form 
 of law, bearing date the said first day of July, in the year 
 aforesaid, directed to the jailer of the common jail of the 
 county aforesaid, commanding the said jailer that he should 
 receive into his custody the said J. IS., brought before the said 
 A. C, and charged upon the oath of the said E. F. with the 
 premises above specified, and the said justice, by the said war- 
 rant, did command the said jailer of the said jail to safely 
 keep the said J. N. until he, by due course of law, should be 
 discharged, which said warrant afterward, to wit, on the day 
 and year aforesaid, at C. aforesaid, in the county aforesaid, 
 was delivered to the said J. S., then being one of the con- 
 stables of said C. as aforesaid, and then and there having the 
 said J. N. in his custody for the cause aforesaid, and the said 
 J. S. was then and there commanded by the said A. C, the 
 justice aforesaid, to convey the said J. N. forthwith to the 
 said jail, and to deliver the said J. IST. to the jailer of said 
 jail, together with the warrant aforesaid;* and the jurors 
 aforesaid, upon their oath aforesaid, do further present, that 
 the said J. K"., late of C. aforesaid, in the county aforesaid, and. 
 J. T., late of same place, afterward, and while the said J. S. 
 was conveying the said J. N., under and by virtue of said war- 
 
Besoues and Escapes. 129 
 
 rant, to the said jail of said county, to wit, the day and year 
 last aforesaid, with force and arms, at 0. aforesaid, in the 
 county aforesaid, in and upon the said J. S., then and there 
 being a constable as aforesaid, and then and there lawfully 
 having the said J. N. in his custody by virtue of said warrant, 
 for the cause aforesaid, in the due execution of his said office, 
 then and there being, did make an assault, and him, the said 
 J. S-., then and there did beat, wound and ill treat, and that 
 the said J. T., the said J. N., out of the custody of the -said J. 
 S., and against the will of him, the said J. S., then and there 
 feloniously, unlawfully and forcibly did rescue and put at 
 large, to go whithersoever he would, to the great hindrance of 
 justice, and in contempt of the people and the law, to the. evil 
 example of all others in the like case offending, and against, 
 etc., and contrary, etc. (Arch. 560.) 
 
 3. Indicttnent against the warden of tJie penitentiary for a volun- 
 tary escape. (Id. § 95.) 
 
 ( Use No. 1 above to *, and go on thus : ) 
 and the jurors first aforesaid, upon their oaths aforesaid, do 
 further present, that afterward, to wit, at the said April 
 Term, in the year aforesaid, of the Circuit Court above 
 mentioned, the said J. N. was then and there committed to 
 the care and custody of J. S., the said J. S. then and 
 there still being the warden of the penitentiary aforesaid, in 
 and for the State aforesaid, there to be kept and imprisoned 
 in the penitentiary aforesaid, according to and in pursuance 
 of the judgment and sentence aforesaid, and the said J. S. 
 him the said J. 'E. then and there had in the custody of him the 
 said J. S., for the cause aforesaid, in the penitentiary aforesaid ;, 
 and the jurors aforesaid, upon their oath aforesaid, do further- 
 present, that the said J. S., late of C, in the county of C, 
 
 aforesaid, afterward, and before the expiration of the 
 
 calendar months for which the said J. N. was so sentenced to 
 be imprisoned as aforesaid, and while the said J. N". was in the 
 custody of the said J. S., as such warden of the penitentiary 
 aforesaid, to wit, on the first day of July, in the year of our 
 
 Lord ■ , at C, in the county of C, aforesaid, he, the said 
 
 J. S., feloniously, unlawfully, voluntarily and contemptuously ' 
 17 
 
130 Indictxents. 
 
 and fraudulently connived at, permitted and suffered the said 
 J. N. to escape out of the said penitentiary and go at large 
 whithersoever he would, contrary to the duty of the said J. S., so 
 being warden of the penitentiary aforesaid, to the manifest 
 hindrance of justice, to the evil example of all others in the 
 like case offending ; against, etc., and contrary, etc. (Arch. 553.) 
 
 4. Indietment against the warden of the penitentiary for negli- 
 gent keeping of prisoner. (Id. § 96, id.) 
 
 ( Use No. 1 to *, and go on thus ;) 
 and the jurors first aforesaid, upon- their oath aforesaid, do 
 farther present, that, pursuant to and in obedience to said judg- 
 ment and sentence, the said J. I^. was duly committed to the 
 care and custody of J. S., still being warden of the penitentiary 
 of said State, at C, in the county of C. aforesaid, there to be 
 kept and imprisoned in the penitentiary aforesaid, and the said 
 J. S., being warden as aforesaid, the said J. 'N., then and there 
 had in the custody of said J. S., for the cause aforesaid, in the 
 penitentiary aforesaid ; and the jurors first aforesaid, upon their 
 oaths aforesaid, do further present, that the said J. S., late of 
 C, in the county aforesaid, afterward, and before the expiration 
 
 of the calendar months, for which the said J. 'S. was so 
 
 sentenced to be imprisoned as aforesaid, and while he was in 
 the custody of the said J. S., as such warden as aforesaid, to 
 
 wit, on the first day of July, in the year of our Lord , and 
 
 on divers days and times, he, the said J. N., was permitted to 
 be at large, without the cell assigned to him as such convict, 
 and was by said J. S., warden as aforesaid, permitted to be 
 visited, conversed with, comforted and relieved contrary to the 
 rules and regulations of the penitentiary aforesaid, and to the 
 duty of said J. S., as warden aforesaid, in manifest hindrance 
 of justice, and to the evil example of all others in the like case 
 offending; against, etc., and contrary, etc. (See Arch. 552.) 
 
 5. Indictment for conveying tools to a prisoner to aid in his 
 escape. (Id. § 97.) 
 
 ( Use No. 1 to dagger [f ], and go on thus :) 
 and the jurors aforesaid upon their oaths aforesaid do further 
 
JRjEsci/ES AK3 Escapes. 131 
 
 present, that J. T., late of C, in the county of A., afterward, 
 and while the said J. K". was, and remained in the custody of 
 the said J. S., in the penitentiary aforesaid, to wit, on the first 
 day of Jnly, in the year last aforesaid, at C. aforesaid, in the 
 county aforesaid, feloniously and unlawfully did convey and 
 cause to be conveyed into the said penitentiary, two steel files, 
 being tools and instruments proper to facilitate the escape of 
 prisoners, and the same being such instruments as aforesaid, 
 then and there feloniously did deliver and cause to be delivered 
 to the said J. N., without the consent or privity of the warden 
 or officers of said penitentiary, the said J. N. being then and 
 there a prisoner in the said penitentiary, and then and there 
 lawfully detained for the felony aforesaid, in the judgment and 
 sentence aforesaid, mentioned and expressed, and that the said 
 files being such instruments as aforesaid, were then and there so 
 conveyed into the said penitentiary, and delivered to the said 
 J. N. by the said J. T., as aforesaid, with the felonious intent 
 then and there to aid and assist the said J. IS. so to escape, and 
 attempt to escape from and out of said penitentiary, in manifest, 
 etc. (use next preceding precedent to end). 
 
 6. Indictment for rescue of prisoner held under civil process. 
 (Id. § 98.) 
 
 That on the first day of June, in the year of our Lord , 
 
 at C, in the county of C, one R. T. came before the clerk of 
 the Circuit Court in and for the county aforesaid, and did sue 
 out of said court a certain writ, then and there being a civil 
 process of capais ad respondendum against one A. B., of C, in 
 the county aforesaid, ibr a certain debt then and there due and 
 owing to said K. T. by the said A. B. for a large sum of 
 money, to wit, the sum of five hundred dollars, and the clerk 
 aforesaid did then and there issue said writ, under his hand 
 and seal of said court, directed to the sheriff of the county 
 aforesaid, thereby commanding him {here set out the command 
 of the writ), which said writ, afterward, to wit, on the same 
 day and year aforesaid, at C. aforesaid, in the county afore- 
 said, was delivered to C. D., fhen being sheriff of the county 
 aforesaid, in due form of law to be executed; by virtue of 
 
132 Inpictments. 
 
 ■which said writ the said C. D., sheriff aforesaid, io wit, on the 
 day and year aforesaid, at C, in the county aforesaid, did take 
 and arrest the body of said A. B., and the said A. B. had in 
 the custody of said C. D., sheriff as aforesaid, under the writ 
 aforesaid ; and the jurors aforesaid, upon, etc., do further pre- 
 sent, that the said A. B., late of, etc., in, etc., and J. T., late 
 of same place, afterward, and while said A. B. was in the ens- 
 tody of C. D., under the writ aforesaid, and while said C. D. 
 was conveying said A. B., under and by virtue of said writ to 
 the common jail of said county, to wit, on the day and year 
 aforesaid, with force and arms, at, etc., in, etc., and upon the 
 said C. D., then and there being sheriff as aforesaid, and then 
 and there being, did make an assault, and the said C. D. then 
 and there did beat, wound and ill treat,. and that the said J. 
 T., the said A. B., out of the custody of the said C. D., and 
 against the will of the said C. D., then and there unlawfully 
 and forcibly did rescue and put at large, to go withersoever he' 
 would, and the said A. B. himself out of the custody of the 
 said C. D., and against the will of the said C. D., then and 
 there unlawfully and forcibly did rescue and put at large, to 
 go withersoever he would ; in manifest, etc. 
 
 T. Indictment for aiding in the escape of prisoner, by conveying 
 disguises, etc. (Id. § 99.) 
 
 ( Use No. 1. to dagger [f ], and go on thus, substituting the word 
 "jail "for "penitentiary." 
 
 and the jurors aforesaid, etc., do further present, that J. T., 
 late of C, in the county of C, afterward, and while the said 
 J, ~N. was and remained in the jail of the county aforesaid, to 
 wit, on the first day of July, in the year last aforesaid, at C, 
 aforesaid, in the county aforesaid, feloniously and unlawfully 
 did convey and cause to be conveyed into the jail aforesaid, 
 certain disguises of clothing, being instruments proper to 
 facilitate the escape of prisoners, and the same disguises, being 
 such instruments as aforesaid, then and there feloniously did 
 deliver and cause to be delivered to the said J. K., without the 
 consent or privity of said jailer, of said jail, the said J. N. 
 . then and there being a prisoner in said jail, and then and there 
 
lixscuEs AND Escapes. 133 
 
 lawfully detained for the felony aforesaid, in the said judgment 
 and sentence above mentioned stated, and that the said dis- 
 guises, as aforesaid, were then and there so conveyed into the jail 
 aforesaid, and delivered to the said J. N., by J. T., aforesaid, 
 ■with the felonious intent then and there to aid and assist tlie 
 said J. N., so being such prisoner, and in custody as aforesaid, 
 to escape and attempt to escape from and out of the said jail, 
 and go at large, withersoever he would ; in manifest, etc. {con- 
 clude as next preceding for mi). 
 
 8. Indictment for rescue, of prisoner from the custody of an 
 officer. (Id. § 100.) 
 
 ( Use No 2 to *, and go on thus : ) 
 and the jurors aforesaid, etc., do further present, that the said 
 J. N., late of C, aforesaid, in the county aforesaid, so being 
 in the custody of the said J. S., under and by virtue of the 
 warrant aforesaid, afterward, and while he continued in such 
 custody and before he was delivered to the jailer aforesaid, to 
 wit, on the day and year last aforesaid, at C, aforesaid, in the 
 county aforesaid, while the said J. S. was conveying said J. N. 
 under and by virtue of said warrant to the jail of the county 
 aforesaid, one J. T., late of C., aforesaidj in the county afore- 
 said, with force and arms, at C. aforesaid, in the county afore- 
 said, in and upon the said J. S., then and there being such 
 constable, did make an assault, and the said J. S. then and 
 there did beat, wound and ill treat, and that the said J. T. the 
 said J. N. out of the custody of the said J. S. and against the 
 will of the said J. S. then and there did rescue and put at 
 large, to go whithersoever he would, whereby the said J.N. 
 did then and there escape and go at large -withersoever he 
 would, to the great hindrance of justice ; to the evil example, 
 etc. (conclude as in next preceding form directed). 
 
 9. Indictment against a constable for a negligent escape. (Id. § 
 101.) 
 
 ( Use No. 2 to *, and go on thus :) 
 and the jurors aforesaid, etc., do further present, that the said 
 J. S., late of C, in the county aforesaid, afterward, to wit, on 
 
134 Indictments. 
 
 the day and year last aforesaid, then being one of the constables 
 of C. aforesaid, and then having the said J. N. in his custody 
 for the cause aforesaid, at C. aforesaid, in the county aforesaid, 
 the said J. N., out of the custody of the said J. S. Q^ feloni- 
 ously " if the charge he felony, " unlawfully ^^ if a misdemeanor), 
 feloniously, unlawfully, voluntarily and contemptuously ' did 
 permit and suffer the said J. N. to escape, and go at large, 
 whithersoever he would, whereby the said J. IST., did- then and 
 there escape, and go at large whithersoever he would, to the 
 great hindrance of justice, to the evil example of all others 
 in the like case offending; against, etc., and contrary, etc. 
 (Arch. 551.) 
 
 (_/) Refusal of officee to aebest, etc., an AcorsED person. 
 
 This misdemeanor is the subject of section 102 of Criminal 
 Code. 
 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $500, and county jail not over six months. 
 
 1. Indictment for refusal by a constable to arrest an accused 
 person. 
 (E. S. 1845, ch. 30, § 102 ; Purp. 379 ; Scates, 391.) 
 
 That on the first day of July, in the year of our Lord , 
 
 at C, in the county of C, J. S. then and there being one of the 
 constables of C. aforesaid, and then and there lawfully such 
 constable, and by virtue of his said office required to do, and 
 perform all acts legally appertaining to said office, afterward, to 
 wit, on the day and year aforesaid, one H. C, late of C. afore- 
 said, in the county aforesaid, having made complaint upon oath 
 before A. B., then and there being one of the justices of the 
 peace in and for the county aforesaid, legally authorized and 
 duly qualified to perform the duties of said office, that one J. 
 N., also late of C. aforesaid, in the county aforesaid, then and 
 there being on the day and year aforesaid, at C. aforesaid, in 
 the county aforesaid, did steal, take and carry away money of 
 the goods and chattels of said H. C, and the said A. B., the 
 justice aforesaid, did then and there make a certain warrant 
 
GoMPouNDiNa Offenses. 135 
 
 under his hand and sealin due form of law, bearing date the 
 day and year aforesaid, directed to said J. S., constable afore- 
 said, or any constable of C. aforesaid, to arrest the body of the 
 said J. N., and him bring before said justice, that said com- 
 plaint may be inquired into in due course of law, which said 
 warrant was delivered afterward, to wit, on the day and year 
 aforesaid, at 0. aforesaid, in the county aforesaid, by said A. 
 B., justice aforesaid, to said J. S., then being constable as afore- 
 said, for execution in due course of law ; and the jurors afore- 
 said, etc., do further present, that said J. S., late of 0. aforesaid, 
 in the county' aforesaid, afterward, to wit, on the day and year 
 last aforesaid, then being one of the constables of C. aforesaid, 
 not regarding his duty in that behalf, but contriving and intend- 
 ing the due execution of justice to hinder and prevent, after- 
 ward, to wit, on the day and year aforesaid, at C. aforesaid, in 
 the county aforesaid, xinl awfully, .willfully and contemptuously 
 did refuse to arrest the said J. N., as by said waiTant he was 
 commanded, contrary to his duty in that behalf as constable 
 aforesaid, in manifest contempt and delay of justice ; against, 
 etc., and contrary, etc. 
 
 (^) Compounding offenses. 
 
 This forms the subject of section 103 of Criminal Code. 
 
 Decisions. — Taylor v. Cottrell, 16 111. 94, and cases cited; 
 Commonwealth v. Pease, 16 Mass. 91 ; Jones v. Rice, 18 Pick. ' 
 440 ; Rex v. Southerton, 6 East, 126 ; Edgecombe v. Rodd, 5 
 id. 302 ; Keir v. Zeman, 6 Q. B. 308 ; Collins v. JSlantern, 2 
 "Wils. 349 ; 1 Smith's Leading Cases, 413 (Am. ed. 1852) ; Rex 
 V. Stone, 4 Car. & P. 3Y9 ; and see /State v. Dandy, 1 Brev. 395. 
 
 Limitation — eighteen months. Penalty — fine in double 
 the amount agreed for or taken. 
 
 1, Indictment for compounding a felony. 
 (E. S. 1846, ch. 30, § 103; Purp. 379; Scates, 391.) 
 That heretofore, to wit, on the first day of July, in the year 
 
 of our Lord , at C, in the county of C, one A., the wife 
 
 of J. N., feloniously stole, took and carried away one silver 
 tankard of the value of fifty dollars, of the goods and chattels 
 
136 Indictments. 
 
 of one J. S. ; against, the peace and dignity of the people of 
 said State of Illinois, and contrary to the form of the statute in 
 such case made and provided ; and that the said J. S., late of 
 C. aforesaid, in the county aforesaid, well knowing the said 
 felony to have been by the said A. so as aforesaid done and 
 committed, but contriving and intending unlawfully and un- 
 justly to prevent the due course of law and. justice in that 
 behalf, and to cause and procure the said A. for the felony 
 aforesaid to escape with impunity, afterward, to wit, on the 
 day and year aforesaid, at C. aforesaid, in the county aforesaid, 
 unlawfully and for wicked gain's sake, did compound the said 
 felony with the said J. N., the husband of the said A., and 
 then and there did exact, take, receive and have of the said J. 
 N. the sum of ten dollars, for and as a reward for compounding 
 the said felony, and desisting from all further prosecution 
 against the said A. for the felony aforesaid ; and that the said 
 J. S., on the day and year aforesaid, at C. aforesaid, in the 
 county aforesaid, did thereupon desist, and fi'om that time 
 hitherto hath desisted from all prosecution of the said A. for 
 the felony aforesaid ; to the great hindrance of justice, and 
 again?'-, etc., and contrary to, etc. (Arch. 586.) 
 
 (J) CONSPIEACT. 
 
 This forms the subject of section 104, of the Criminal Code. 
 
 Decisions. — Slomer v. The People, 25 111. 70 ; Commw. v. 
 Eastman, 1 Cush. 189, 223 ; ■ Commw. v. Shedd, 7 id. 514 ; 
 Commvj. V. Sunt, 4 Mete. Ill, 125 ; Rex v. Gill, 2 Barn. & 
 Aid. 204 ; but see Beg. v. Parker, 3 Q. B. 298 ; Bex v. Biers, 
 1 Adolp. & E. 327 ; Beg. v. Gomperts, 9 Q. B. 824 ; Bex v. 
 Peck, 9 Adolp. & E. 686. 
 
 Limitation — eighteen months. Penalty — fine, not over 
 $1,000 ; imprisonment, not over one year. 
 
 1. Indictment for conspiracy to indict parties for .keeping a 
 
 bawdy house. 
 (R. S. 1845, ch. 30, § 104 ; Purp. 379 ; Scates, 392.) 
 That "W. H., late of C, in the county of C, and J. P., late 
 
 of the same place, wickedly devising and intending to injure one 
 
Conspiracy. 137 
 
 T. T. and one J. W., and one G. G., heretofore, to wit, on tlie 
 
 twenty-third day of April, in the year of our Lord , at C, 
 
 aforesaid, in the county aforesaid, with force and arms did con- 
 .spire, combine, confederate and agree together, falsely and 
 maliciously to accuse, charge and indict the said T. T., J. W. 
 and G. G., together with one M. T., one S. W. and one M. L., 
 for keeping a common bawdy house; and the jurors afore- 
 said, etc., do further present, that in pursuance of the said con- 
 spiracy, the said W. H. and J. P. did, afterward, to wit, on the 
 day and year aforesaid, in the Circuit Court of the county 
 aforesaid, prefer a bill of indictment to a certain grand jury, 
 then sworn and charged to inquire for the people of this State, 
 to wit, the State of Illinois, for the body of the county of C, 
 against the said T. T., J. "W. and G. G., M. T., S. W. and 
 M. L., for keeping a common bawdy house, and did then and 
 there, cause the said grand jury to find and present the said 
 indictment against the said T. T., J. "W., G. G., M. T., S. W. 
 and M. L., to the great damage of the said T. T., J. "W., G. G., 
 M. T., S. "W. and M. L. and each of them, to the evil example 
 of all others in the like case offending ; against, etc., and con- 
 trary, etc. (See 2 Cox C. C. App. 25, for above form.) 
 
 2. Indictment for a conspiracy to charge a man with crime. (Id.) 
 That J. S., late of C., in the county of C, and A., his 
 wife, and J. "W"., late of the same place, and E. W., also of 
 the same place, being evil disposed persons and wickedly 
 devising and intending not only to deprive one J. N. of 
 his good name, fame, credit and reputation, but also to 
 subject them, as far as in them lay, to the pains and penal- 
 ties by the laws of this State made and provided against and 
 inflicted upon persons ' guilty of rape {any crime), on the 
 
 first day of July, in the year of our Lord , with force 
 
 and arms at C., aforesaid, in the county aforesaid, did, 
 among themselves, conspire, combine, confederate and agree 
 together, falsely and maliciously to charge and accuse the said 
 J. N., that he, the said J. N., had then lately before (feloni- 
 ously ravished and carnally known the said A., violently and 
 against her will and consent); and the said jurors aforesaid, 
 IS 
 
138 Indictments. 
 
 etc.,,do further present, that the said J. S., and A., his ■^ife, 
 and J. "W". and E. W., afterward, to wit, on the day and year 
 aforesaid, at C aforesaid, in the county aforesaid, in pursuance 
 of, and according to the said conspiracy, combination, confed- 
 eracy and agree"inent among themselves, had as aforesaid {here 
 set out the overt acts) ; and further to fulfill, perfect and 
 bring to effect their most evil and wicked conspiracy, combina- 
 tion, confederacy and agreement at C. aforesaid, in the county 
 aforesaid, maliciously did conspire, consult and agree with 
 other false conspirators, to the jury afoi'csaid unknown, as 
 aforesaid, against the form of the statute in such case made 
 and provided, and against the peace, etc. ; and the jurors afore- 
 said, etc., do further present, that in further pursuance of, and 
 according to the said conspiracy, combination, confederacy and 
 agreement among them, the said J. S. and A., his wife, and J. 
 W. and E. "W., had as aforesaid, they, the said, etc., on, etc., 
 at, etc., in, etc., falsely and unlawfully, in the presence and hear- 
 ing of divers pei'sons, did charge' and accuse the said J. N. 
 with and of th.e rape aforesaid; and the jurors aforesaid, etc, 
 do further present, that in further pursiiance and according to 
 the said conspiracy, combination, confederacy and agreement 
 among them, the said J. S. and A., his wife, and J. W- and 
 E. W., had as aforesaid, she, the said A., afterward, to wit, the 
 day and year aforesaid, at C. aforesaid, in the county afore- 
 said, did, upon her oath, falsely charge and accuse the said J. 
 1^., before A. C, esquire, then and there being one of the jus- 
 tices of the peace in and for the county aforesaid, and also tO 
 hear and determine divers felonies, trespasses and other mis- 
 deeds committed in the said county, that he, the said J. N., 
 had then lately feloniously ravished and carnally known her, 
 the said A., violently and against her will and consent ; and 
 the jurors aforesaid, etc., do further 'present, that in further 
 pursuance of, and according to the said conspiracy, combination, 
 confederacy and agreement among themselves, the said J. S. 
 and A., his wife, by the name of A., the wife of J. S., afterward, 
 
 to wit, at the Term for the year of our Lord , holden 
 
 at the court-house in C. aforesaid, in and for the county afore- 
 said, on the first Monday of , in the year aforesaid, before 
 
 the Honorable A. B., Circuit Judge in and for the Judicial 
 
Embeaceby. 139 
 
 Circuit of said State, of ■svliicli circuit said county of C. forms 
 part, did falsely and maliciously exhibit a certain bill, called 
 a bill of indictment, against the said J. N., by the name 
 of J. 1!^., late of C, in the countj^ of C, to P. C, esquire 
 {here insert the nmnes -of the grand jury\ good and lawful 
 men of the said county, tlien and there swprn and charged 
 to inquire for said people of this State for the body of said 
 county ; which said bill was, by the said jurors, then and 
 there returned into said court, before the Honorable A. B., 
 Circuit Judge as aforesaid, thus indorsed " not found," which 
 said bill is in these words, that is to say {]iere set out the indict- 
 ment verbatim), to the great damage and scandal, infamy and 
 disgrace of the said J. N., to the evil example of all others in 
 the like case offending ; against, etc., and contrary, etc. (Arch. 
 672, 673.) 
 
 NoTB. — For a precedent charging fiyrgery, see 4 Went. 86; for one as to 
 lodomy, C. C. C. 136 ; for larceny, i"d. 135, and 3 Bur. 1330 ; for receiving stolen 
 goods, C. C. C. 135 ; poisoning Iwrsea, 4 Went. 98. 
 
 (m) Unlawful assumption of office. 
 This misdemeanor is the subject of section 105 of the Crim- 
 inal Code. 
 
 Decisions — in Illinois none. Penalty — fine not over $200. 
 
 1. Indictment for unlawful assumption of office. 
 (R. S. 1845, ch. 30, § 105 ; Purp. 379 ; Scates,, 392.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , with force and arms, at 
 
 C. aforesaid, in the county aforesaid, unlawfully, -willfully and 
 contemptuously did take upon himself to exercise the ofiice of 
 constable, without being lawfully authorized thereto, under 
 and by virtue of the laws of the State of Illinois, to the hin- 
 drance of justice, in contempt of the people and laws of the 
 State aforesaid ; against, etc., and contrary, etc. 
 
 {n) Emeeaceet. 
 This offense is the subject of section 106 of the Criminal 
 Code. 
 
140 Indictments. 
 
 Decisions — none in Illinois. 
 
 Limitation — three years.. Penalty — fine not over 
 and penitentiary not over one year. 
 
 Section 106 provides, that the juror taking money, etc., shall 
 suffer like punishment, and be disqualified to act as a juror; 
 section 106 extends to grand and petit jurors. 
 
 1. Indictment for embracery, by persuading a juror to give his 
 verdict for defendant, and for soliciting other jurors to do the like. 
 (R. S. 1845, ch. 30, § 106; Purp. 379; Scates, 392.) 
 That C. D., late of C, in the county of C, on the first day 
 
 of Jnne, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, knowing that a jury of the said county of C. 
 was then duly returned, impaneled, and sworn to try a certain 
 issue joined in the Circuit Court, then held and in session 
 according to law, at C. aforesaid, within and for the county of 
 C, between E. F., plaintiff, and G. H., defendant, in an action 
 of contract ; and then also knowing that a trial was to be had 
 upon the said issue, on the first day of June, in the year afore- 
 said, before the said Circuit Court, then and there held for the 
 said county of C, the said C. D. wickedly and unlawfully 
 intending and devising to hinder a just and lawful trial of the 
 said issue by the jurors aforesaid, returned, impaneled and 
 sworn as aforesaid, to try the said issue, on the first day of 
 June, in the year aforesaid, at C, in the county aforesaid, 
 unlawfully, wickedly and unjustly, on behalf of the said G. H., 
 the defendant in said cause, did solicit and persuade one L. J., 
 one of the jurors of the said jury, returned, impaneled and 
 sworn according to law for the trial of said issue, to appear, 
 attend in favor of the said G. H., the said defendant in the said 
 cause ; and then and there did say and utter to the said L. J., 
 one of the jurors as aforesaid, divers words and discourses by 
 way of commendation, on behalf of the said G. H., the said 
 defendant, and in disparagement of the said E. F., the plain- 
 tiff,, and that the said C. D. did then and there unlawfully 
 and corruptly move and desire the said L. J., to solicit and 
 persuade the other jurors returned, impaneled and sworn to 
 try the said issue, to give a verdict for the said G. H., the 
 
Common JBarratrt. 141 
 
 defendant in the said cause, the said 0. D. then and there woll 
 knowing, that the said L. J. was one of the jurors returned, 
 impaneled and sworn to try the said issue [and that the jurors 
 of the said jury, by reason of speaking and uttering the words 
 and discourses aforesaid, did give their verdict for the said G. 
 II., the said defendant in the cause aforesaid] ; against, etc., 
 and contrary, etc. 
 
 Note. — (See for above Tremain's Pleas of the Crown, 175 ; the part within 
 brackets, though in the form, is not necessary, the crime is complete by the 
 attempt, whether it succeed or not. 1 Hawkin's P. C, eh. 85, §§ 1, 2 ; Train & 
 Heard, 194.) 
 
 (o) Common baekatey. 
 
 This offense is the subject of section 107 of the Criminal Code. 
 
 Decisions. — JS"one in Illinois, except NewTdrk v. Gone, 18 
 111. 449, which decides that maintenance includes the common 
 law offenses of champerty and barratry ; Commw. v. Davis, 11 
 Peck. 432 ; Rex v. Hardwich, 1 Siderfin, 282 ; the case of the 
 Barrators, 8 Hep. 36 ; Commw. v. Tubbs, 1 Cush. 3 ; and see 
 Commw. V. McCullock, 15 Mass. 227; Parcel's Case, Cro. Eliz. 
 195 ; Palfrey's Case, Cro. Jac. 527 ; Arch. Cr. PI. 55 ; but see 
 Pex V. Cooper, 2 Strange, 1246. 
 
 Limitation — eighteen months. Penalty — fine, $100 ; if 
 an attorney, suspension from practice, not over six months. 
 This offense may be tried by a justice of the peace. Law 1863, 
 p. 54. 
 
 1. Indictment for common harratry. 
 (R. S. 1845, ch. 30, § 107; Purp. 379; Scates, 392.) 
 That C. D., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord ^, at C, in the county of 
 
 C, and on divers other days and times between that day and 
 the day of the finding of this indictment, at C. aforesaid, in 
 the county aforesaid, divers quarrels, strifes, suits and cont;ro- 
 versies, among the honest and peaceable citizens of said State 
 then and there on the days and times aforesaid, did move, pro- 
 cure stir up and excite; and so the jurors aforesaid, upon 
 their oath aforesaid, do say, that the said C. D., at C. afore- 
 said in the county aforesaid, on said days and times was and 
 
142 Indictments. 
 
 still is, a common baiTator ; to the common nuisance of all tlie 
 citizens of said State ; against, etc., and contrary, etc. 
 
 {p) .Maintenance. 
 
 This is the subject of section 108 of the Criminal Code. 
 
 Decisions. — Newkirk v. Cone., 18 III. 449; see 3 Greenl. 
 Ev. § 180, 181 ; Bayard v. McLane, 3 Harrington^ 139 ; Fin- 
 don V. Parker, 11 Mees. & "Wels. 679 ; Kinney v. Brown, 3 
 Eidg. 462. 
 
 Limitation — eighteen months. Penalty — same as in com- 
 mon barratry. This offense may be tried by justice. Law 
 1863, p. 54. 
 
 1, Indictment for maintenance. 
 (E. S. 1845, ch. 30, § 108 ; Purp. 379 ; Scates, 392.) 
 That C. D., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord : , at C. aforesaid, in the 
 
 county aforesaid, did unjustly and unlawfully maintain and 
 uphold a certain suit, which was then and there in the (here 
 describe the court in which the action is pending) between one 
 E. F., plaintiff, and one J. N. defendant, in an action of con- 
 tract, on behalf of the said E. F., against the said J. N., and 
 then and there in and for the maintenance of said suit, did 
 expend a large sum of money, to wit, the sum of one thousand 
 dollars, to the manifest hindrance and disturbance of justice, to 
 the great damage of said J. IT. ; against, etc., and contrary, etc. 
 
 {q) Extortion. 
 
 This is the subject of section 109 of the Criminal Code. 
 
 Decisions. — ■ Panhey v. People, 1 Scam. 80 ; People v. Whaley, 
 6 Cow. 661 ; State v. Stotts, 5 Blackf. 460; Emory v. State, 6 
 id. 106 ; Leany v. State, id. 403 ; State v. Dickens, Hayn, 406 
 State V. Cogswell, Z Blackf. 54; Halsey v. State, 1 South. 324 
 Spense v. Thompson, 11 Ala. 746; Lakers Case, 2 Leon, 268 
 Hex V. Burdett, 1 Ld. Eayra. 149 ; Reg. t. Tiddeman, 4 Cox 
 0. C. 387. 
 
 limitation — eighteen months. Penalty — fine, not over 
 $200. ' 
 
Malfeasance op Officers. 143 
 
 1. Indictment against a constable for extortion. 
 (E. S. 1845, ch. 30, § 109 ; Purp. 380 ; Scates, 393.) 
 That A. B., late of C, in the county of C, on the first day 
 of July, in the year of our Lord , then being one of the con- 
 stables of C. aforesaid, at C. aforesaid, in the county aforesaid, 
 did take and arrest one E. F., by color of a certain warrant, com- 
 monly called a bench warrant, which the said A. B. then and 
 there alleged to be in his possession ; and that the said A. B. after- 
 ward, and while the said E. F. so remained in his custody as 
 aforesaid, to wit, on the day and year aforesaid, at C aforesaid, 
 in the county aforesaid, unlawfully, willfully, corruptly, deceit- 
 fuUj'^, extortiously, and by color of his said office, did extort, 
 receive, and take of, and from the said J. N., the sum of ten 
 dollars, as, and for a fee due to the said A. B., as such consta- 
 l)le as aforesaid, for the obtaining and discharging of the said 
 warrant, as the said A. B. then and there alleged ; whereas, in 
 truth and in fact, no fee whatever was then due from the said 
 J. N. to the said A. B., as such constable aforesaid, in that 
 behalf; to the evil and pernicious example of all others in the 
 like case offending ; against, etc., and contrary, etc. (Arch. 581.) 
 
 if) Malfeasance, etc., of officees. 
 
 This forms the subject of section 110 of the Criminal Code. 
 
 Decisions — Wichersham v. People, 1 Scam. 128 ; Jones v. 
 People, 2 id. 477 ; Eyrnan v. People, 1 Gilm. 4. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $200 ; the court, on recommendation of the jury, may adjudge 
 removal from office. 
 
 1. Indictment for misconduct of officer. 
 (E. S. 1845, ch. 30, § 110 ; Purp. 380 ; Scates, 393.) 
 {Proceed as in JVb. 2, § 94, ante, as far as *, and go on thus:) 
 And the jurors aforesaid, etc., do further present, that the 
 said J. S., late of 0. aforesaid, in the county aforesaid, so being 
 one of the constables of C. as aforesaid, and being so com- 
 manded by the said A. C, the said justice as aforesaid, then and 
 there* unlawfully, willfully, corruptly and contemptuously did 
 neglect, and. refuse to convey the said J. N. to the said jail, as 
 
144 Indictuknts. 
 
 lie, the said J. IT., by virtue of his office aforesaid, Ly law sliould 
 and ought to have done, to the palpable omission of his said 
 duty as constable, to the great hindrance of justice, to the evil 
 example of all others in the like case offending ; against, etc., 
 and contrary, etc. (Arch. 582.) 
 
 (s) Threatening letter. 
 
 This is the subject of section 111 of the Criminal Code. 
 
 Decisions — none in Illinois. Reg. v. Tiddeman, 4 Cox C. 
 C. 387 ; Rex v. JVorion, 8 Carr. & P. 186 ; Bex v. Tucker, 1 
 Mo. C. C. 134 ; Rex v. Zloyd, 2 East P. C. 1123 ; R. v. Bunh- 
 ley, 1 Mo. C. C. 90 ; R. v. Paddle, E. & E. 484 ; R. v. Major, 
 2 East P. C. 1118 ; R. v. Goodwood, id. 1121. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $500, and imprisonment not over six months. 
 
 1. Indictment for sending a letter demanding money. 
 (E. S. 1845, ch. 30, § 111 ; Purp. 381 ; Scates, 393.) 
 That J. S., late of C, in the county of C, on the third day 
 
 of August, in the j'ear of our Lord , at C, aforesaid, in 
 
 the county aforesaid, knowingly, feloniously and maliciously, 
 did send (or " deliver ") to one J. N., a certain letter, f (or 
 '■^writing"), directed to the said J. N., by the name and 
 description of Mr. J. N., * demanding money (or goods, chat- 
 tels or other valuable thing'), from the said'J. N., with menaces, 
 and without any reasonable or probable cause, and which said 
 letter is as follows, that is to say (here set out the letter verba- 
 tim) ; against, etc., and contrary, etc. (Arch. 606.) 
 
 2. Same for tTireatening to accuse of crime, with intent, etc. (Id.) 
 
 ( Use No. 1 to *, and go on thus : ) 
 and thereby feloniously, knowingly and maliciously did 
 threaten the said J. N"., to accuse him of having [attempted or 
 endeavored to commit the abominable crime of sodomy, with 
 the said J. S., with a view and intent thereby, then and there 
 to extort and gain money] from the said J. N. ; against, etc., 
 and contrary, etc. (Arch. 608.) 
 
Disturbing the Peace. 145 
 
 3. Sam£ for sending a letter threatening to accuse with intent, etc. 
 
 ( Use No. 1 to *, a7id go on thus : ) 
 threatening to accuse him, the said J. N"., of having {use No. 2 
 'between hrackets [ ] ) from the said J. N., and which said letter 
 is as follows, that is to say Qiere set <rwt the letter verbatmi) ; 
 against, etc., and contrary, etc. (Arch. 608.) 
 
 4. Indictment for sending a letter threatening to Mil. (Id.) 
 ( Use No. 1 to f , and go on thus : ) 
 without any name or signature thereto described, directed to 
 the said J. l^T., by the name and description of Mr. J. N., 
 threatening to kill and murder the said J. N., a citizen of this 
 State, to wit, the State aforesaid, then and there being, which 
 said letter is as follows, that is to say {here copy the letter ver- 
 iMtim) ; against, etc., and cbntrary, etc. (Arch. 610.) 
 
 Section 8. Offenses against the Public Peace and 
 
 Teanquilitt. 
 This section forms the subject of Division X of the Criminal 
 Code, sections 112-120, inclusive. 
 
 {a) DiSTUKBING the PEACE. 
 
 This is the subject of section 112 of the Criminal Code. 
 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over $50', 
 or imprisonment not over two months. This offense may be 
 tried by a justice of the peace. Law 1863, p. 54. 
 
 1. Indictment for disturbing the peace of a family, 
 (E. S. 1845, ch. 30, § 112; Purp. 381 ; Scates, 393.) 
 That J. S., late of C, in the county of C, on the thii-d day 
 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid, unlawfully and maliciously did, at a late 
 and unusual hour of the night-time of said day, to wit, about 
 19 
 
146 Indictments. 
 
 the hour of eleven of the olock^ in the night-time aforesaid, of 
 the day aforesaid, disturb the family of J. N., a citizen then 
 and there residing, by making unusual noises, to wit, howling, 
 hallooing and screaming in the public street^ near the residence 
 of said J. N. and his family, then and there, to the great dis- 
 comfort and disquiet of said J. N. and his family aforesaid, in 
 contempt of the laws of this State, and to the evil example of 
 all others in the like case offending ; against, etc., and con- 
 trary, etc. 
 
 {b) Uklawptjl assemblage EEFUsma to dispeese. 
 This is the subject of section 113 of the Criminal Code. 
 2>ec*«*o?iS'^— none in Illinois.' 
 
 Limitation — eighteen months. Penalty — each person fine 
 not over $50, and imprisoned not oyer one month. 
 
 1, Indictment for unlawful assemblage refusing to disperse, etc, 
 (E. S. 1845, ch. 30, § 113; Purp. 381 ; Scates, 394.) 
 That J. S., late of C, in the county of C, J. W., late of the 
 same place, and E. W., Slso late of the same place^ together 
 with divers other evil disposed persons to the jurors aforesaid 
 unknown, on the third day of August, "in the year of our Lord 
 , with force and arms, at C. aforesaid, in the county afore- 
 said, * unlawfully, riotously aind tumultuously did assemble 
 together to the disturbance of the public peace. And the said 
 J. S., J. "W., E. W., and said other persons to the jurors afore- 
 said unknown, being so unlawfully, riotously and tumultuously 
 assembled together, to the disturbance of the public peace as 
 aforesaid afterward, and while they were so assembled as afore^ 
 said, to wit, on the day and year aforesaid, in the county 
 aforesaid, one A. C, esquire, then being a justice of the peace 
 in and for the county aforesaid, and having authority to hear 
 and determine divers felonies, trespasses, and other misdeeds in 
 the said county^ as near to them the said J. S., J. W., E. W., 
 and the said otlier persons to the jurors aforesaid unknown, so 
 unlawfully, riotously, and tumultuously assembled as aforesaid, 
 as he, the said A. C, could then and there safely come, did 
 
Unlawful Assemblage. 147 
 
 then and there command, and cause to be commanded, silence 
 to be while proclamation was making, and that the said A. 0. 
 after that, did then and there, as near to them the said J. S., 
 J. W., E. W., and the said other persons so assembled as afore- 
 said, as he, the said A. 0., could then and there safely come,, 
 openly, and with a loud voice, commanded them in the name 
 of the people of the State aforesaid to disperse themselves, and 
 peaceably depart to their habitations^ or to their lawful busi- 
 ness. And the jurors aforesaidj etc, do further present, that 
 the said J. S., J. W., E. "W., and the said other persons to the 
 jurors aforesaid unknown^ being so required and commanded 
 by <the said A. C.', the justice aforesaid, to disperse themselves, 
 and peaceably to depart to their habitations, or to their lawful 
 business, did then and there, with force and arms, notwith- 
 standing the said command so given as aforesaid, feloniously, 
 unlawfully, riotously and tumultuously remain and continue 
 together for a considerable space of time, after such command 
 so made by the said A. C, justice of the peace as aforesaid, in 
 contempt of the people, etc., and the law, to the great disturb- 
 ance and terror of the quiet and peaceable citizens of C. afore- 
 said, to the evil example of all others in the like case offending; 
 against, etc., and contrary, etc. (Arch. 595.) 
 
 (0) ITnlAwfui, assembla&e. 
 
 This misdemeanor forms the subject of section '116, of the 
 Criminal Code. 
 
 jQecisions — none in Illinois. 
 
 Zimitation -^ eighteen months. • Penalty— ^ne, not over 
 fii'ty dollars, or imprisonment not over three months. This' 
 offense may be tried by a justice of the peace. (See Law 1863, 
 
 P- 5*0 ■ 
 
 1. Indictment for an unlawful assemMage. 
 (R. S. 1845, ch. 30, § 115 ; Purp. 381 ; Scates, 394.) 
 {Use 2fo. 1, under section 113, to *, and go on, thus:) 
 with sticks, stones and other offensive weapons, unlawfully;* 
 riotously and routously did assemble and gather togetberj with 
 
148 Indictments. 
 
 intent unlawfully and riotously to .demolish and pull down the 
 dwelling-house of one J. N., there situate, and being so assem- 
 bled and gathered together, armed as last aforesaid, did then 
 and there unlawfully, riotously and routously make a great 
 noise and disturbance, and did then and there remain and con- 
 tinue armed as last aforesaid, making such noise, riot and 
 disturbance, for a considerable space of time then next follow- 
 ing, to the great disturbance and terror, not only of the citizens 
 of said State there being and residing, but of, all other citizens 
 then passing and repassing in and along the common highway 
 there ; in contempt of the people, etc., and the law, to the evil 
 example of all others in like case offending ; against, etc., and 
 contrary, etc. (Arch. 592.) 
 
 {d) EouT. 
 
 This misdemeanor is the subject of section 116, of the Crim- 
 inal Code. 
 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — each fined not 
 over seventy dollars, or imprisonment not over four months. 
 May be tried by justice of the peace. (See Law 1863, p. 64 ; 
 Gross, 250.) 
 
 1. Indictment for a rout. 
 (R. S. 1845, ch. 30, § 116 ; Purp. 381 ; Scates, 394.) 
 That J. S., late of C, in the county of C, J. W., of the 
 same place and E. "W., also of the same place, together with 
 other evil disposed persons, to the jurors aforesaid unknown, 
 
 on the first day of July, in the year of our Lord , at C, 
 
 aforesaid, in the county aforesaid, with force and arms, * 
 unlawfully, routously and riotously did assemble and gather 
 together to demolish and pull down the dwelling-house of 
 J. N., there situate, upon a common cause of quarrel, and did 
 make attempts and advances to demolish and pull down the 
 same, in contempt of the people aforesaid and the law, to the 
 great disturbance and terror of quiet and peaceable citizens, to 
 the evil example of all others in the like case offending; 
 against, etc., and contrary, etc. (Arch. 59Y.) 
 
Neglecting TO Prevent A DiTEL. 149 
 
 («) ElOT. 
 
 This misdemeanor is the subjept of section 117 of the Crim- 
 inal Code. 
 
 Decisions. — Whitesides v. People, Bre. 4 ; Dougherty v. Peo- 
 ple, 4 Scam. 179; Smithy. People, 25 111. 17; Freeland y 
 People, 16 id. 380 ; Severin v. People, 37 id. 422. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $200, or imprisonment not over six months. 
 
 1. Indictment for riot. 
 (R. S. 1845, ch. 30, § 117; Purp. 381 ; Scates, 394.) 
 The grand jurors, chosen, selected and sworn in and for the 
 
 county of , in the name and by the authority of the State 
 
 of , upon their oaths present, that J. S. and E. D., both 
 
 late of the county aforesaid, on the day of , in the 
 
 year of our Lord , at the county of aforesaid, unlaw- 
 fully, riotously and tumultuously, with force and violence, did 
 make an assault upon one J. F., and then and there unlawfully, 
 riotously, and with force and violence beat, bruised and other- 
 wise ill-treated the said J. F. ; contrary, etc. 
 
 {/) Officee neglecting to prevent a duel. 
 This offense is the subject of section 118 of the Criminal Code. 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $100, may be tried by a justice of the peace. (Laws 1863, p. 54.) 
 
 1. Indictment for not attempting to prevent a duel. 
 (E, S. 1845, ch. 30, § 118; Purp. 381; Scates, 393.) 
 
 That on the first day of July, in the year of our Lord , 
 
 at C, in the county of A., J. S. then and there was a constable 
 of C. aforesaid, and by virtue of his said office was a conserv- 
 ator of the peace, then and there was bound to preserve 
 
150 Indictments. 
 
 the public peace of the people of the State aforesaid ; then and 
 tliere had knowledge and information of the intention of one 'J. 
 T., late of C. aforesaid, and one J. "W., also late of the same 
 place, with deadly weapons, to wit, with pistols, to fight a duel, 
 with and against each other, on the day and year aforesaid, at 
 C. aforesaid, in the county aforesaid. And the jurors aforesaid, 
 etc., do further present, that said J. S., late of C. aforesaid, in the 
 county aforesaid, afterward, to wit, on the day and year aforesaid, 
 then being a conservator of the peace, and bound as such con- 
 servator of the peace to preserve the public peace, not regard- 
 ing his duty in that behalf to preserve the public peace, and 
 prevent a breach of the same by the duel aforesaid, and to 
 arrest the said J. T. and J. W. aforesaid, unlawfully, willfully 
 and contemptuously neglected to exert his official authority, 
 and arrest J. T. and J. W, aforesaid, and prevent the fighting 
 of the duel aforesaid, as he was legally bound to do, contrary to 
 his duty aforesaid in that behalf; in manifest contempt and 
 delay of justice ; against, etc., and contrary, etc. 
 
 (gr) Posting cowaedice. 
 
 This offense is the subject of section 119, of the Criminal Code. 
 • Decisions — none in Illinois. 
 
 limitation — eighteen months. Penalty — fine, not over 
 $500, or imprisonment not over three months ; printer or pub- 
 lisher refusing to testify deemed guilty of flagrant contempt of 
 court, and may be fined and imprisoned, or either. 
 
 1. Indictment for posting another for notfigMing a duel. 
 (E. S. 1845, ch. 30, § 119; Purp. 382; Scates, 394.) 
 That A. B., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , with force and arms at 
 
 C, aforesaid, in the county aforesaid, wickedly, willfully, 
 maliciously and unlawfully did challenge one C. D. to fight a 
 dnel with and against the said A. B., with deadly v?eapons, to 
 wit, with pistols, and that, the said C. D. having then and there 
 . rrfused to fight the duel aforesaid, with the said A. B., in pur- 
 
Libel. 151 
 
 suance of the challenge aforesaid, the said A. B. afterward, on 
 the same day and year aforesaid, at C. aforesaid, in the county 
 aforesaid, did wickedly, maliciously and unlawfully post and 
 expose the said CD. to public reproach, by then and there 
 placing and exposing to public view, to wit, on the city hall, in 
 C, aforesaid, in the county aforesaid, a certain writing with 
 the name of the said A. B. thereunto subscribed, containing 
 reproachful and contemptuous language to and concerning the 
 -said C. D., which writing is of the tenor following, that is to 
 say {here insert a copy) ; against, etc.j and contrary, etc. (Train 
 & Heard, 181.) 
 
 (A) Libel. 
 
 This forms the subject of section 120, of the Criminal Code. 
 
 Deeisions — none in Illinois. Comm. v. Wright, 1 Cush. 46; 
 Comm. V. !tarhox, 1 id. 66 ; Wright v. Clements, 3 Barn. «fc 
 Aid. 503; Tahart v. Piper, 1 Camp. 350, 353; U. S. \. Brit- 
 ton, 2 Mason, 464 ; Zendbio v. Astal, 6 T. K, 132 ; Comm. v. 
 Snelling, 15 Pick. 321 ; State v. Henderson, 1 Eichardson, 179 ; 
 Bex V. Burdett, 1 B. & Aid. 95 ; Bex v. Mimt, 2 Camp. 583 ; 
 Taylor v. State, 4 Geo. 14. 
 
 Idmitation — eighteen months. Penalty — fine, not over 
 $500, or imprisonment not over one year. 
 
 1. Indictment for libel. 
 (E. S. 1845, ch. 30, § 120; Purp. 382; Scates, 394.) 
 That A. B., late of C, in the county of C, contriving, and 
 unlawfully, wickedly and maliciously intending, to injure, Tilify 
 and prejudice one E. P., and to deprive him of his good namcj 
 fame, c^-editi and reputation, and to bring him into great con- 
 temptj scandal,^ufapiy and disgrace^ on the first day of July, in 
 the year of our Lord — ^—, with force and arms, at C. aforesaid, 
 in the county aforesaid,^ unlawfully, wickedly and maliciously 
 did write and publish, and cause and procure to be written and 
 published, a false, scandalous, malicious and defamatory libel, in 
 the form of a letter directed to the said E. F. (^ the jnMication 
 were in am,y. other manner,, owtU the words ^^ in the form; cf"), 
 
152 iNDICTilBNTS. 
 
 containing divers false, scandalous, malicious and defamatory 
 matters and things of. and concerning the said E. F., and of 
 and concerning, etc. (here insert. such of the subject of the libel, 
 as it may be necessary to refer to, 5y the innuendoes, m settmff 
 out the libel), according to the tenor and effect following, that 
 is to say (here set out the libel and innuendoes), he, the said A. B., 
 then and there well knowing the said defamatory libel to be 
 false, to the great damage, scandal and disgrace of the said 
 E. F., to the evil example of all others in the like case offend- 
 ing ; against, etc., and contrary, etc. (Arch. 612.) 
 
 2. Indictment for hanging a man in effigy. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 unlawfully, willfully and maliciously did make, and cause and 
 procure to be made a certain gibbet and gallows, and also a 
 certain effigy and figure, intended to represent one E. F., and 
 then and there unlawfully, wickedly and maliciously did erect, 
 set up and fix, and cause and procure to be erected, set np and 
 fixed, the said gibbet and gallows, in a certain yard and place 
 
 near unto a certain common highway, there situate, called , 
 
 and near to a certain ferry called the Horse ferry, where the 
 said E. F. was used and accustomed to ply in the way of his 
 trade and business of a waterman ; and then and there unlaw- 
 fully, wickedly 3,nd maliciously did hang up and suspend, and 
 cause and procure to be hung up and suspended, the said effigy 
 and figure to and upon the said gibbet and gallows, with the 
 name of the said E. F. inscribed on a piece of wood, and affixed 
 to the said effigy and figure, with divers scandalous inscriptions 
 and devices affixed upon and about the same, reflecting on the 
 character of the said E. F., and did then and there keep and 
 continue, and cause and procure to be kept and continued the 
 said gibbet and gallows, so erected and set up as aforesaid, 
 with the said effigy and figure hung up and suspended to and 
 from the same as aforesaid, for a long space of time, to wit, for 
 
 the space of days, then next following, and during all that 
 
 time unlawfully, wickedly, and maliciously did then and there 
 publish and expose the said gibbet and gallows with the said 
 
Seditious Eiots. 153 
 
 effigy and figure thereon, to the sight and view of divers good 
 and worthy citizens of said State, passing and repassing in and 
 along the highway afoi-esaid, to the great scandal, infamy and 
 disgrace of the said E. F., to the evil example of all others in 
 the like case offending ; against, etc., and contrary, etc. (Arch. 
 617, 618.) 
 
 (*) Seditious eiots. 
 
 These are the subject of the act of 1847, page 84, sections 1-7. 
 See Purp. 1268, 1269 ; Scates, 1117. This act was originally 
 limited to two years from its date, but before the two years 
 expired was made perpetual. See Laws 1849, p. 131 ; Purp. 
 1269; Scates, 1117. 
 
 Decisions — none. 
 
 Limitations — as to sections 1, 2, 3, 4, three years ; as to 
 section five, eighteen months. Penalty — under sections 1—4, 
 penitentiary not less than one year nor more than three years. 
 Under section 5, fine not over $100, or county jail not more 
 than three months. 
 
 1. Indictment for riot with battery to extort confessions. 
 (Laws 1847, p. 84, § 1 ; Purp. 1268 ; Scates, 1117; Gross, 165.) 
 That J. S., late of C, in the county of C, J. "W"., late of same 
 place, E. W., also late of same place, together with divers 
 other evil disposed persons to the jurors aforesaid unknown, on 
 the first day of July, in the year of our Lord , at C. afore- 
 said, in the county aforesaid, feloniously, unlawfully, riotously, 
 tumnltuously and routously did assemble and gather together 
 to the great disturbance 9f the public peace, and being then 
 and there so assembled and gathered together, in and upon one 
 J. N. then and there being, unlawfully, riotously and feloni- 
 ously did make an assault,t and him, the said J. IS., then and 
 there did beat, wound and ill-treat,* with intent to extort and 
 obtain of and from him, the said J. N., a confession tending to 
 criminate him, the said J. N., and other wrongs to the said J. 
 N. then and there unlawfully, rioutously and feloniously did ; 
 against, etc, 
 
 20 
 
154 Indictments. 
 
 2. name for riot to compel a person to leave the State. (Id. § 2, id.) 
 
 ( Use No. 1, above, to *, and go on thus:) 
 ■with intent to compel the said J. N. to leave this State, to wit, 
 the State aforesaid {or county), against the will of said J. N., 
 and other wrongs, etc. {conclude as in No. 1). 
 
 3. Same for lynch law. (Id. § 3, id.) 
 ( Use No. 1 to \, and go on thus :) 
 and him, the said J. N., then and there unlawfully, tumultu- 
 ously, riotously and feloniously did detain, and then and there 
 the said J. S., J. W. and E. W., and the said other persons to 
 the jurors aforesaid unknown, did unlawfully, tumultuously, 
 riotously and feloniously then and there, him, the said J. N., 
 try for a pretended {or real) offense {naming it, or for heing a 
 person of lad repute), the said J. S., J. W. and E. "W., and the 
 said other persons to the jurors aforesaid unknown, then and 
 there having no lawful authority, him, the said J. IS., so to try, 
 and other wrongs, etc. {conclude as in No. 1). 
 
 4. Same for riot and assault on persons hi authority. (Id. § 4, id.) 
 
 ( Use No. 1 to f , and go on thus :) 
 he, the said J. N., having been a grand juror of the county 
 aforesaid, and having in the performance of his duty as such 
 grand juror, informed the grand jury of said county against 
 the said J. S., J. W. and E. "W. for an attempt to commit 
 felony, and other wrongs, etc. {conclude as in No. 1). 
 
 5. Same for riot with threats (^violence. (Id. § 5, id.) 
 ( Use No. 1 to f , and go on thus :) 
 and said J. N. then and there being, did threaten violence and 
 harm to the body of said J. !N. {or the property of, etc.) with 
 intent to extort and obtain from said J. N. a confession of hav- 
 ing committed a crime {or any of the things in said section 5) ; 
 against, etc. 
 
Prize Fighting and Boxing Exhibitions. 155 
 
 (y) Peize fighting and boxing exhibitions. 
 
 This is the subject of a Law of 1869, p. 80, '■'■An act to pre- 
 vent prize fighting and sparring or hoxing exhibitions f and 
 also of section 3 of " An act in relation to the Criminal Code 
 of this State, and amendments thereof" Laws of 1869, p. 191 
 (Bradwell's edition). 
 
 Section 1 of the first above-mentioned laws provides against 
 any person (1) sendingj causing to be sent, published or other- 
 wise made known, any challenge to fight what is commonly 
 called a prize fight ; (2) or who accepts such challenge, or en- 
 gages in such fight ; (3) or goes into training for such fight ; 
 
 (4) or acts as trainer for any one contemplating to engage in it ; 
 
 (5) and any aider, abettor, backer, umpire, trainer, second, sur- 
 geon^ assistant, or reporter at the fight, or in preparation for it. 
 
 Section 2 of same law makes it a misdemeanor for any per- 
 son to be in, any way connected with any sparring or boxing 
 exhibitions. 
 
 Section 4 of the act second above mentioned prohibits, as to 
 prize fights, every person from (1) fighting same in this State ; 
 
 (2) or agreeing in this State to fight a prize fight in or out of it ; 
 
 (3) or. training in this State to fight i same ; (4) or shall go or at- 
 tempt to go out of this State to fight in any other State, place 
 or territory ; (5) or shall in any way aid or abet, in or out of 
 the State, any prize fight. Each of these acts is made a high 
 misdemeanor. 
 
 Zimitation-r-as to said laws, each oifense is eighteen months. 
 Penalty — under section 1, on conviction, penitentiary not less 
 than one year nor more than ten years ; under section 2, on 
 conviction, fine not less than $100 nor more than $1,000, and 
 confinement in county jail not less than thirty days nor more 
 than one year ; under section 4 above, on conviction, confine- 
 ment in county jail not less than six months nor over one year, 
 and fine not less than $500 nor more than $1,000. 
 
 1. Indictment for challenging to fight a prize fight. 
 (Lawof 1869, p..80, §1.) 
 I The jurors, etc., present that J. S., late of C, in the county of 
 0. on the first day of June, in the year of our Lord , with 
 
156 Indictments. 
 
 force and arms, at C. aforesaid, in the county aforesaid, unlaw 
 fully, willfully and maliciously did * send a certain written mes- 
 sage to one J. N., purporting and intended to be a challenge 
 to the said J. IST. to fight to and with him what is commonly 
 called a prize fight, to the evil example of all others in the like 
 case ofiending ; against the peace, etc., and contrary, etc. 
 (Train & Heard, 181, altered.) 
 
 N. B. — An indictment lies for any publishing of such prize fight, also for 
 accepting the challenge, also engaging in the fight, training for it ; the trainer 
 also is liable, and all aiders and participators. The indictments as to dueling 
 will guide the pleader. (See sections 43 to 45, Criminal Code, ante) 
 
 2. Indictment for ieing engaged in sparring exhibitions. 
 (Id. § 2.) 
 
 ( Use No. 1 to *, and go on thus :) ■ ' 
 
 engage as a performer and exhibitor in what is commonly called 
 a sparring exhibition, to the evil example of all others in the 
 like case ofiending ; against, etc., and contrary, etc. 
 
 N. B. — An indictment can be readily formed from No. 1 last above, using 
 the directions, and omitting the words " sparring exhibition'' and substituting 
 " boxing exhibition," and concluding as above. 
 
 3. Indictment for fightmig a prize fight. 
 
 (Law 1869, p. 191, § 3.) 
 
 ( Use JVb. 1 above to *, and go on thus :) 
 imder and by a previous appointment and engagement made 
 within this State, to wit, at C. aforesaid, in the county afore- 
 said, with one J. N., to fight what is commonly called a prize 
 fight to and between them, unlawfully, willfully and maliciously 
 did then and there, with and between themselves, fight a prize 
 fight commonly so called, to the evil example of all others in 
 the like case offending ; against, etc., and contrary, etc. 
 
 N. B. — This section (4) makes it indictable, as stated at heading of this sec- 
 tion, any one of which can be formed from the above and the indictments 
 under dueling, ante. 
 
Lewdness. 157 
 
 Section 9. Offenses Against the Public Mokality, Health 
 
 AND Police. 
 These offenses are the subject of Division XI. of the Crim- 
 inal Code, and may be classed under the heads of 
 
 I. Lewdness. 
 II. Gaming. 
 
 III. Selling liquor. 
 
 IV. EOADS. 
 
 V, Disease. 
 
 VI. Miscellaneous. 
 VII. Elections. 
 VIII. Sunday. 
 IX. Game. 
 
 I. LEWDNESS. 
 {a) Bigamy. 
 This offense is the subject of section 121, of Criminal Code. 
 Decisions. — Jackson v. People, 2 Scam, 231. This offense in 
 some of the books is termed polygamy. State v. Bray, 13 Ire- 
 dell, 289 ; SUte v. Kean, 10 N. H. 347; Rex v. Deely, 1 Moo. 
 C. C. 303 ; Murray v. Jieg., 7 Q. B. 700 ; and see State v. 
 Palmer, 18 Verm. 570; Commonwealth v. Hunt, 4 Cush. 49; 
 Commmiwealth v. Bradley, 2 id. 653. 
 
 Limitation — three years. Penalty — fine, not over $1,000, 
 and penitentiary not over two years. This crime is infamous. 
 (See § 174, Code.) 
 , See as to evidence. Laws of 1854, § 1, p. 203 ; Purp. 391 ; 
 Scates, 420. 
 
 1. Indictment for bigamy. 
 (K. S. 1845, eh. 30, § 121 ; Purp. 383 ; Scates, 395.) 
 That J. S., late of C, in the county of C, on the fir^t-day 
 
 of April, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did marry one A. C, spinster, and her, the 
 said A. C, then and there had for his wife; and that the said 
 J. S. afterward, to wit, on the third day of August, in the year 
 
 of our Lord , at P., in the county of L., feloniously and 
 
 unlawfully did marry and take to wife one M. L., and to her, 
 the said M. L. was then and there married, the said J. S. well 
 knowing the said A. C, his former wife, was then alive, and 
 the said J. S. never having been legally divorced from the said 
 
158 Indictments. 
 
 A. C. ; against the peace, etc., and contrary, etc ; and the 
 jurors, aforesaid, etc., do further present, that the said J. S. 
 afterward, to wit, on the 10th day of August, in the year last 
 aforesaid, at C. aforesaid, in the county aforesaid, w^as appre- 
 hended (or that tJie said J. 8. is now in custody at C. afore- 
 said, in the county of C. aforesaid) for the felony aforesaid ; 
 against, etc., and contrary, etc. (Arch. 629.) 
 
 Note. — The averment of apprehension is only necessary where the second 
 marriage did not take place in the county where the prisoner is indicted ; in 
 that case it is essential. {Bex v. Fraser, 1 Moo. C. C. 407.) Where the indictment 
 is found in a different county from that where the offense was committed, it 
 must allege custody in the county of the finding. {Reg. v. WhUey, 3 
 Moo. C. C. 186.) 
 
 (5) Unmaeeied person knowinglt maketing a maeeied 
 
 PEESON. 
 
 This offense is the subject of section 122, of the Criminal 
 Code. 
 
 Decisions — none in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not over 
 $500, or imprisonment not over one year. , 
 
 1 . Indictment for an unmarried man marrying the wife of 
 another, 
 
 (E. S. 1845, ch. 30, § 122 ; Purp.^ 383 ; Scates, 395.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , at C, in the county 
 
 aforesaid, he, the said J. S., being then and there an unmarried 
 man, unlawfully, then and there did marry and take to wife 
 one A. B., then and there well knowing the said A. B. to be a 
 married woman, and that she was then and there the wife of 
 one C. D., and not divorced from said 0. D. ; against, etc., 
 and contrary, etc. 
 
 (c) Adulteet and foenication. 
 These ofienses are the subject of section 123 of the Criminal 
 Code ; also, as to white and colored persons, of the statute of 
 184:4r-5, p. 33, § 1; Pui-p. 389; Scates, 418. 
 
Adultery and Fornication. 159 
 
 Decisions on § 123, Searls v. People, 13 111. S97; Besimer 
 V. People, 15 id, 439. On the above law of 1844-5— none. 
 
 Limitation — under section 123, eighteen months; under 
 Law of 1844-5, three years. Penalty — under section 123, 
 fine not over $200 each person, or imprisonment not over six 
 months ; for second offense, twice as much as former punish- 
 ment ; for third offense, treble, each succeeding offense thus 
 increasing. iTnder Law of 1844-5, each iined not over $500, 
 and penitentiary not over one year ; second offetfse, double ; 
 third offense, treble, each succeeding offense thus increasing. 
 
 1 . Indictment for adultery and fornication, 
 (K. S. 1845, ch. 30, § 123 ; PurpJ 363 ; Scates, 395.) 
 
 That J. S. and Ei F., both late of the county of , on the 
 
 day of , in the year of our Lord, — ^ — , at the county 
 
 of , aforesaid, did then and there unlawfully live together 
 
 in an open state of adultery and fornication. The said J. S. 
 being then and there a single and unmarried man, and the said 
 E. F. being then and there a married woman ; contrary to the 
 form of the statute in such case made and provided, and against 
 the peace and dignity of the people of the State of Illinois. 
 
 Note. — If both are unmarried, the offense should be charged as fornication. 
 If both are married, adultery. If one married and one single, adultery and 
 fornication. 
 
 2. For adultery and fornication of white and colored persons, 
 
 (R. S. 1845, ch. 74, § 23, and Laws of 1844-5, p. 33, § 1 ; 
 Purp. 389 ; Ssates, 418.) 
 
 That A. B., late of G, in the county of C.j a black manbeing, 
 and C. D., late of same place, a single and unmarried white 
 woman being, on the first day of July, in the year of our Lord, 
 
 , at C. aforesaid, in the county aforesaid, and from that 
 
 day continually to the first day of July, in the year aforesaid, 
 did live and dwell together, openly and notoriously associate 
 and cohabit together, as man and wife, and have carnal knowl- 
 edge of their bodies, the said A. B. then and there being' a 
 married man, and then and there having a lawful wife alive, 
 other than the said 0. D., and the said A. B. and the said C. D. 
 then and there not being lawfully married to each other ; 
 against, etc., and contrary, etc. 
 
160 Indictments. 
 
 {d) iNCESTUOtrS INTEECOUESE AlfD INCEST. 
 
 This forms the subject of sections 124, 125 and 126 of the 
 Criminal Code. 
 
 Decisions. — Bergen v. People, lY 111. 426 ; Commw. v. Good- 
 hue, 3 Mete. 193 ; Same v. Dunn, 19 Pick. 479. 
 
 Limitation — for both offenses, three years. Penalty — for 
 incestuous intercourse, section 125, penitentiary not over ten 
 years; for incest under section 126, penitentiary not over 
 twenty years. Incest is infamous under section 174 of the 
 Criminal Code. 
 
 1. Indictment for incestuous intercourse. 
 
 (E. S. 1845, ch. 30, § 125; Purp. 384; Scates, 395. 
 
 That A. B., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did commit the crime of fornication, by then 
 and there feloniously having carnal knowledge of the body of 
 one C. B., the said A. B. and the said C. B., each being then 
 and there single and unmarried, and the said A. B. and said 
 C. B. not being then and there lawfully married to each other, 
 and the said A. B. and C. B. each being then and there within 
 the degrees of consanguinity, within which marriages are pro- 
 hibited and declared by law to be incestuous and void, to wit, 
 the said A. B. being then and there the brother of the said C. 
 B., and the said C. B. being then and there the sister of the 
 said A. B., and the said A. B. and C. B. both being then and 
 there the children of one E. B. and D. B., the wife of the said 
 E. B. ; against, etc., and contrary, etc. 
 
 2. Indictment f<yr incest. (Id. § 126.) 
 That C. D., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did commit the crime of incest by then and 
 there rudely and licentiously cohabiting with, and then and 
 there having carnal knowledge of the body of one E. D., the 
 said C. D. then and there being a married man, having a wife 
 living, other than the said E. D., and the said E. D. then and 
 
Indecenct and Bebavceery. 161 
 
 there being a single and unmarried woman, and the said C. D. 
 and E. D. not being then and there lawfully married to each 
 other, and the said C. D. and E. D. each being then and there 
 within the degrees of consanguinity within which marriages 
 are prohibited and declared by law to be incestuous^ and void, 
 to wit, the said C. D. being then and there the father of the 
 said E. D., and the said E. D. being then and there the 
 daughter of the said C. D.; against, etc., and contrary, etc. 
 
 (e) Open lewdness, indecency and debaucheet. 
 
 These offenses form the subject of section 127 of the Crimi- 
 nal Code. That section is as follows : 
 
 " If any person shall be guilty of open lewdness, or other 
 notorious act of public indecency, tending to debauch the public 
 morals, or shall keep open any tippling house on the Sabbath 
 day or night, or shall maintain or keep a lewd house or place 
 for the practice of fornication, or shall keep a common ill-gov- 
 erned and disorderly house, to the encouragement of idleness, 
 gaming, drinking, fornication or other misbehavior, every such 
 person shall, on conviction, be fined, not exceeding one hundred! 
 dollars, or imprisoned not exceeding six months." 
 
 Limitation — eighteen months. Penalty — fine not over 
 3, or imprisonment not over six months. 
 
 1. Indictment for open lewdness. 
 (E. S. 1845, ch. 30, § 12Y; Purp. 384; Scates, 395.) 
 That C. D., late of C, in the county of C, on the first day- 
 June, in the year of our Lord , at C, aforesaid, in the 
 
 county aforesaid, was guilty of the crime of open and gross 
 lewdness and lascivious behavior, by then and there {here set 
 forth the acts). Contrary to the form of the statute in sucli 
 eases made and provided, and against the peace and dignity of 
 the people of the State of Illinois. 
 
 2. Indictment for public indecency. (Id.). 
 That C. D., late of C, in the county of C, devising and 
 intending the morals of the citizens of said State to debauch 
 and corrupt, on the first day of June, in the year of our Lord 
 21 
 
162 l2fDtCTMENTS: 
 
 , at Ci aforesaid,' in the county aforesaid, on aeertain 
 
 public and common highway, there situate, in the presence 6f 
 divers citizens of Said State, 'theii and thcrei passing and repass- 
 ing, tinlawfiilly,' wickedly and scandalously did expose to view^ 
 of the said pei'sons so pacing and repassing- as aforesaid, th6 
 body^and person of i him, the said G. D., naked and uncovered 
 for a^long space ^of 'time, to wit, for the' space of one hour, to 
 the common nuisance, etc.; ' against j'et6., and eontrftry, etc. 
 (See Arch. 666, and Train & Heard, 351.) 
 
 3. Indictment for iseeping .open tippling-house on the Sabbath 
 day. (Id. § 127.) 
 
 This offense may be tried by a justice of the peace; (Laws 
 1863, p. 54, §2.) ' 
 
 That one J.S., late of C, in the county of C, on the first 
 
 day of July; in the year of our Lord , the same day being 
 
 the Sabbath day, at C' aforesaid, in the cOiinty aforesaid, did 
 then and there * in the day-tinie of said day, so being the Sab- 
 bath day as aforesaid, unlaTV'fully keep open a tippling-house ; 
 against, etc., and contrary, etc. 
 
 N. B. — The Supreme Court has dedded that "open" means being open for 
 the alleged purpose, the same as on a week day, not a partial being open. 
 This case is one against The" City of Centralia, not yet reported, but acted on 
 in the 13th Circuit, Jefferson Co., at Mt.Vemoh. ' 
 
 4. For same in the night-tittie of the Sabbath day. (Id.) 
 ( Use ZTo. 3 to *, and go on thus :) 
 in the night-time of the said day, so T)eiBg the Sabbath day, as 
 aforesaid, Unlawfully, keep open a tippling-honse ; against, etc., 
 and contrary, etc. ^ 
 
 6. For keeping a hwd house. (Id.) 
 That J. S.,late of C, in the county of 0., on the first day of 
 
 July, in the year of our Lord -, and on divers other days 
 
 and times between that day and the day of the taking of this 
 inquisition, with forbe and aVibs, at C. aforesaid, in the county 
 aforesaid,* unlawfully did' keep^a certain lewdi house, for the 
 practice of fbrnication. ' 
 
Indecency Ako Beba uchebt. 163 
 
 Another Fokm. 
 
 unlawfully did then and there 'kee^&ceivi&m''(poa%shuedx>r6iJier 
 place) for the practice of fornication. 
 
 6. Indictmeni for keeping d common, ilVgovemid and disor 
 deriy house. (Id.) ' ■ 
 
 ( Use [No. 5 to *, and go on thus : ) 
 unlawfully did keep a common, ill-governed and disorderly 
 house, to the encouragement of certain persons, as well men as 
 women, of evil name and fame and of dishonest coilvereation, 
 to idleness, gaming, drinking, tipplingand misbehaving them- 
 selves, to the common nuisance, etc. {conclude as in next pre- 
 ceding precedent). (Arch. 636.) » - 
 
 •7. Anoihe'ir precedent fo'r same. (Id.) 
 {Use No. 5 to *, and go bn thui::) 
 unlawfully did keep a cbmnio'fii, ill-gOvern6d' aiid disorderly 
 house to the eheo'uragemeht of idleness, ahd other misbehavior; 
 against, etc., and contrary, etc. ' 
 
 8. Indictment for selling liquor on election day. 
 
 (Laws 1861, p. 263, §9.) 
 
 That one J. S., late of C, in the'county of 0:, on the tliird 
 day of November,' in the'ye'aT 6f bur Lord -^ — ', at G. Elfbresaid, in 
 the county aforesaid, the same being the day appoinled KylaV 
 for the election of governor and lientenan1?-governor of the State 
 aforesaid, and of other officers of said State, did then and there, 
 and while, said election was going on, uhlawfully and willfully 
 keep open for the sale at retail of intoxicating drinks, his 
 bar-room there sitliate (w did sell at retail intoxicating drinks, 
 fo wit; ilsKisky,to wit, at Ms har-room there situate, or did give 
 away intoxicating drinks, to wit, whishy^'towit, at his bar- 
 room there situate)', against, etc., afid contrary, etc. 
 
 JToTE. -^ The limitation and penalty for selling* liquor on election day is thfe 
 same as 'under section 137 of the Criminal Code, atite. This offense may be 
 tried by justice of the peace. See Laws 1863, p. 54, | 3. 
 
164 Indictments. 
 
 II. GAMING, 
 (a) Plating cards, dice, and theie impoetation oe use. 
 
 These offenses are the subject of section 173 of the Criminal 
 Code. 
 
 Decisions. — None in Illinois. 
 
 Limitation — eighteen months. Penalty — fine not less than 
 twenty-five dollars, nor more than fifty dollars. Justices of the 
 peace may try these offenses under Laws of 1853, p. 54, § 2. 
 
 1. Indictment for importing billiard tables for sale. 
 
 (E. S. 1845, ch. 30, § 128 ; Purp. 384 ; Scates, 396.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* unlawfully and willfully did import into this 
 
 State one billiard table {or packs of playing cards, any 
 
 of the things named in section 128), with intent, and for the 
 purpose of selling and disposing of same in this State, the said 
 billiard table being made for the purpose of being used at the 
 game of billiards ; against, etc., and contrary, etc. 
 
 2. Selling playing cards. (Id.) 
 
 ( Use No. 1 to *, and go on thus :) 
 a certain pack of playing cards unlawfully did sell {or did offer 
 to sell) : against, etc. 
 
 1 3. Selling obscene books. (Id.) 
 
 « 
 
 That J. S., late of C, in the county of C, being a scandalous 
 and evil-disposed person, and devising, contriving, and intending 
 as well the morals of youth as of divers other good citizens of 
 this State to debauch and corrupt, and to raise and create in 
 their minds inordinate and lustful desires, did, on the first day 
 
 of July, in the year of our Lord '-, at C. aforesaid, in the 
 
 county aforesaid, unlawfully, wickedly, maliciously, and scan- 
 dalously sell {or offer to sell) to one J. N., a certain lewd, 
 
Gaming House. 165 
 
 wicked, scandalous, and obscene * book {pamphlet or print), 
 entitled, etc. {here set out its name), to the manifest corruption 
 of public morals, in contempt of the people and the law, to the 
 evil example of all persons in. the like case offending ; against, 
 etc., and contrary, etc. (Arch. 634.) 
 
 4, Selling obscene print. (Id.) 
 
 ( Use No. 3 <o * , and go on thus:) 
 print, entitled, etc. {here set out its name), representing a man 
 in an obscene, impudent, and indecent posture with a woman 
 (or such other description as it may have), conclude as in No. 
 3 above. (Arch. 634.) 
 
 (5) Keeping a common gaming house. 
 
 This offense is the subject of section 129 of the Criminal 
 Code. 
 
 Decisions — Stoltz v. People, 4 Scam. 168. 
 
 Zi?nitations — eighteen months. Penalty — fine not over 
 §100, or imprisonment not over six months. 
 
 This misdemeanor may be tried by a justice of the peace 
 under Laws of 1863, p. 54, § 2. 
 
 1. Indictment for keeping a common gaming house, 
 
 (R. S. 1845, ch. 30, § 129; Purp. 384; Scates, 396.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of Julj', in the year of our Lord , and on divers other 
 
 days and times between that day and the day of taking this 
 inquisition, at C. aforesaid, in the county aforesaid, unlawfully 
 did for his gain keep a common gaming house ; contrary, etc. 
 
 2. Permitting gaming, 
 
 in a certain house then and there occupied by him, did then 
 and there permit divers persons to frequent and come together 
 to play for money at certain games ; contrary, etc. 
 
166 Indictments. 
 
 (c) GrAMING. 
 
 ,,,;This is tlie subject, of section 130 of the Criminal Code. 
 
 Decisions. — -.Green v. People, 21 111. 125;;.^*J5ows y. People, 
 33 id, 442. 
 
 Limitations — eighteen months. Pema%7— fine not over 
 $100, nor less than $10. This offense may he tried by a justice 
 of the peace. See Laws 1863, p. 54, § 2. 
 
 1. Indictment for gaming. 
 (E. S. 1845, eh. 30, § 130 ;. Purp. 384 ; Scates, 396.) 
 ..That one J. S., late of C.j in the county of C, on the first 
 
 day.of July,= in the year of our Lord -, at C. aforesaid, in 
 
 (the. county -aforesaid, did, unlawfully play at a game with 
 cards for money ; against, etc.,. and contrary etc. 
 
 KOTE. — ^This section (130) applies to cards, dice, checks and billiards, or any 
 thing used for playing or hetting upon, or winning or losing money, or any 
 valuable thing. 
 
 ((Z) TaTEEN-KEEPEE PEEMTrriNG GAMING. 
 
 Decisicms — none ip Illinois. 
 „,. Limitations-;— G)^tQep. monthp. Penalty- — fine not over 
 $100, forfeiture of license andsuspensipn ojf ^license for one year. 
 
 1. Indictment against tavern heeper-.f or permiitting gaming. 
 (K. S. 1845, ch. 30, § 131; Purp. 384; Scates, 396.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, and on divers days and times between that 
 day and. the day. of, taking this inquisition, unlawfully and will- 
 vfuUy did permit, persons to come together to. play at a game 
 for money, I at and ia a tavern, then and there kept by him, and 
 ! licensed to him, to keep theij and there, as such tavern ; against, 
 etCi, and; contrary, etc. 
 
 2. Indictment against officer neglecting to notify breaches of, 
 e<c. (Id. § 131.) 
 
 Note. — The penalty under this section (131) against such oflBcer is fine |100, 
 and suspension from office one year. 
 
 ii That J." S., late of; C, in the county of' C, .^eiiig one, of the 
 ■constables of d aforesaid,: in the county aforesaid-, and as such 
 
Selling LiquoB. 167 
 
 constable in duty bound to notify the proper authorities of 
 offenses committed in said county contrary to the statutes in 
 such caSes made and provided^ on the firet day of July, in the 
 
 year of our Lord , at C. aforesaid, in the county aforesaid, 
 
 well knew that J. S., keeper of a certain tavern then and there 
 situate did permit persons to come together to play at a game 
 for money, at and in his tavern aforesaid, contrary to law, did 
 imlawfully and willfully neglect and fail to notify the proper 
 authorities' in the county aforesaid, of the commission of the 
 offense aforesaid by said J. S., contrary to. his duty.^s such con- 
 stable, to, the hiiidrance of justice, and the evil example of all 
 others in the like case offending ; against, etc., and contrary, etc. 
 
 NOTB!. — The above ■with proper variations will apply to all cases contem- 
 plated by said 'section 131. The offenses in this section (131) may be tried by a 
 justice ofthepeaoe. See Laws of 1863, p. 64, § 2. 
 
 III. SELLII^G LIQUOE. 
 This formsthe subject of section 132 of the. Griminal Code, 
 also of E. S. 1845, § 15, p. 342;. id. §;20,p. 343; id. § 133; 
 Law of 1851, p. 18; Law of 1853, p. 127; repealing Law of 
 1851 and Law of 1853, p. 91. Observe section 132 makes the 
 minimum quantity to be sold by persons not licensed to keep a 
 groceiy. to be one quart, but the Law of 1853, p. 91, changes 
 that minimum quantity to one gallon. 
 
 ... Deeisions.on % 177 -^Sullivan, -^.People, 15 111. 235, cor- 
 rected by Bennett v. People, 16 id. 161 ; Cannady v. People, 
 17 id. 159 ; Johnson v. People, Bre.. 276 ; Zareseller y., People, 
 17 111.. 101 ; Rioe v. People, 38 id. 435; Kimball \. People, 20 
 id. 348 ; O^Leary y. Qook Co., 28 id. 534 ; Jones v. People, 14 
 id. 198. 
 
 Limitation — for all. aboye offenses eighteen, months., ^ Pen- 
 alty — under section 132j.each offense $10., . .IJnd.er,E. §.,1845, 
 p. 342, each offense $10 and costs of suit. Under E. S. 1845, 
 p. 343, $3 ; for each offense of the first and second committal, 
 loss of the debt; for third offense, fine $12, and rendered inca- 
 pable of getting license for a grocery, or rietailirig liquor in this 
 State. Under E. S. 1845, section 133, fine $10 each offense. 
 , Note. — Each of the above offenses may be tried by justice of the peace, 
 \mder Law of 1863, p. 54. 
 
X68 Indictments. 
 
 1. Indictment for selling liquor in less quantity than one gallon, 
 without grocery license. 
 
 (R. S. 1845, ch. 30, § 132, and Laws of 1858, p. 91; Purp. 
 385 and 722; Scates, 397 and 419.) 
 
 That one J. S., late of C, in the county of C, on the first 
 
 day of July, in the year of our Lord , at C. aforesaid, in 
 
 the county aforesaid,* did unlawfully, sell whisky, (brandy, rum 
 or gin) in a less quantity than one gallon, he, the said J, S., 
 then and there not having a legal license to keep a grocery ; 
 against, et£., and contrary, etc. 
 
 Note. — Counts may be added for each of several offenses, and such is tho 
 usual practice. 
 
 2. Indictment for selling liquor on premises, without license. 
 
 (R. S. 1845, p. 342, § 342; Purp. 719; Scates, 831.) 
 
 ( Use No. 1 to *, and go o?i thus :) 
 unlawfully did, for his gain and benefit, permit and suffer 
 spirituous liquors to be bartered on his premises, there situate, 
 in a less quantity than one gallon, he, the said J. S., not 
 having then and there a legal license to keep a grocery; 
 against, etc., and contrary, etc. (An indictment for selling or 
 exchanging liquor can readily be drawn from this precedent.) 
 
 3. Indictment against grocery keeper for harboring minors or 
 servants. 
 
 (K. S. 1845, p. 343, § 20; Purp. 720; Scates, 832.) 
 
 ( Use No. 1 to *, and go on thus :) 
 unlawfully and willfully did harbor, trust and entertain one 
 J. 'E., a minor, he, the said J. S., well knowing the said J. 1*1". 
 to be such minor as aforesaid, he, the said J. S., then and 
 th6re being a grocery keeper ; against, etc. 
 
 4. Indictment for selling liquor to an Indian. 
 
 (E. S. 1845, ch. 30, § 133 ; Purp. 385; Scates, 397.) 
 {Use No. 1 to *, and go on thus) : 
 did unlawfully and willfully sell whisky to an Indian, he, the 
 
ROABS. 169 
 
 said J. S., then and there being a tavern keeper; against, etc., 
 
 and contrary, etc. 
 
 Note. — So much of tHs act as relates to blacks, mulattoes and slaves, is 
 obsolete. 
 
 IV. EOADS. 
 
 («) Obstructing public roads and highways navigable, and 
 
 OTHER streams. 
 
 These offenses are the subject of section 134 of the Criminal 
 Code, and also of E. S. 1845, p. 482, § 16, and Laws of 1852, p. 
 176, §1.^ 
 
 ■ Decisions under section 134. — Keach v. People, 22 111. 478; 
 Leech V. Waugh, 24 id. 228 ; Diinon v. People, 17 id. 416 ; 
 Martin v. People, 23 id. 395 ; Martin v. People, 13 id. 341 ; 
 Daniels v. People, 21 id. 439 ; Proctor v. Lewistown, 25 id. 
 153 ; Oentleman v. Soule, 32 id. 271 ; Gnehe v. Nichols, 36 id. 
 92; Clifford v. Eagletown, 35 id. 444; Jacksonville v. Hol- 
 land, 19 id. 271. 
 
 Under E. S. 1845, p. 482, § 16. See McDonough County v. 
 Markham, 19 id. 142; Croshy v. Gibhs, id. 309; Bickerage 
 v. Dean, '21 id. 199; Sweny v. People, 28 id. 208; Lowe v. 
 People, 28 id. 518. 
 
 Limitation — eighteen months. Penalty — under section 
 134 line not over $100. Abatement of nuisance may be ordered 
 by the Circuit Court. Under E. S. 1845, p. 482, § 16, for 
 obstructing road, etc., each offense $10, and $3 per day for each 
 day it remains after order to remove ; for destroying, etc., bridge, 
 fine $5, nor over $100, except bridges which shall be double 
 the value of it. Under Laws of 1852, p. 176, § 1-, the penalty 
 may be recovered by indictment or action of debt before jus- 
 tice of the peace, half penalty to informer, half to the county. 
 
 Note. — The offenses under section 134, and above Law of 1845, p. 482, § 16, 
 may be tried before a justice of tbe peace, under Law of 1863, p. 54, § 3, when 
 act not done in an incorporated town or city. ^ 
 
 1. Indictment for obstructing a highway. ' 
 (E. S. 1845, ch. 30, § 134; Purp. 385 ; Scates, 397.) 
 That J. S., late of C, in the county of C, on the third day 
 of August, in the year of our Lord , at C. aforesaid, in 
 
 22 
 
170 \ INDJCT3IENTS. 
 
 county aforesaid, in a certain street there, called leman .street, 
 being the people's' common highway, used for all the citizens 
 of the State aforesaid, with their horses, coa^ches, carts and 
 carriages, to go, return, pass, repass, ride and labor at their 
 free will and pleasure, unlawfully and injuriously did {state the 
 manner of obstruction, and space of time it lasted), whereby 
 the people's common hi^way aforesaid, then and there on 
 each of the said other days and times, for and during all the 
 time vSove&Siidi (being the time above stated), then, and on each 
 of said days respectively was obstructed, and straitened so that 
 the citizens could not then, and on said other days and times 
 go, return, pass, repass, ride and labor, with their horses, 
 coaches, carts and other carriages, in, through and along the 
 people's common highway aforesaid, as they ought, and were 
 wont and accustomed to do, to the great damage, and common 
 nuisance of all citizens going, returning, passing, repassing, 
 riding and laboring in, through, and along the people's com- 
 mon highway aforesaid ; to the evil example of all others in the 
 like case offending ; against, etc., and contrary, etc. (Arch. 640.) 
 
 Note. — See nofe at.endof above precedent in Archbold, p. 640, for Beveral 
 references to precedents for obstructions which, of course are very varied. 
 
 2. Indictment for obstructing a public navigahle stream. (Id.) 
 Ttat the Illinois river, that is to say, that a certain part of 
 the said river, lying and being in the county of C. aforesaid, 
 is, and from the time whereof the memory of man is not to the 
 contrary, hath been an ancient river, and the people^s ancient 
 and common highway for all the citizens of this State, with 
 their steamboats, , ships, barges, lighter's, boats, wherries and 
 other vessels, to navigate, saij, row, pass, repass and labor, at 
 their will and pleasure, syithout any impediment or obstruction 
 whatever; and the jurors aforesaid, etc., do further present, 
 that J. S., late of C, in the county aforesaid, on the third day of 
 
 August, in the year of our Lord , and on divers other days 
 
 and times, between that day and the day, of the finding of this 
 indictment, with force and arms, at iC. aforesaid, in the county 
 aforesaid, unlawfully, willfully and injuriousl}'^ did erect, fix, put, 
 pla.ce aud set up in the said vivev (here state the mode of obstruc- 
 
MOADS. 171 
 
 Hon andMi^ length of time of it$ cp,iitinuan<)e) by means whereof 
 the navigation and free passage of, in, through, .along and upon 
 the said Illinois river and the people's common highway, on 
 the day and, year aforesaid, and On the other days and times, 
 hath been, and still is, gi-eatly straitened, obstructed and con- 
 fined, to wit, at C. aforesaid, in the county aforesaid, so that 
 the citizens of said State, navigating, sailing, rowing, passing, 
 repassing and laboring with their steamboats, ships, barges, 
 lighters, boats, wherries and other vessels, in, through, along 
 and upon the said river and the people's atacient and common 
 highway there, on the same day and year aforesaid, and on the 
 said other days and times, could not, nor yet can, go, navigate, 
 sail, row, pass, repass and labor with their ships, barges, lighters, 
 boats, wherries and other vessels, upon and about their lawful 
 and necessary aifairs and occasions, in, through, along and upon 
 the said river and people's ancient and common highway there, 
 in so free and uninterrupted a manner as of right they ought 
 and before had -been used and accustomed to do,' to the great 
 damage and common nuisance of all the citizens of said State, 
 navigating, sailing, rowing, passing, repassing and laboring 
 with their steamboats, ships, barges, ligliters, boats, wherries 
 and other vessels, in, through, along and upon the said Illinois 
 river and people's ancient and common highway there, to the 
 great obstruction to the trade and navigation of and upon the 
 said river, to the evil example of all others in the like case 
 offending, and against, etc., and contrary, etc. (Arch. 641.) 
 
 3. Indictment for nuisance hy deleterious smoke and vapors. (Id.) 
 That C. D., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , f and on divers other days 
 
 and tinies between that day and the day of the finding of this 
 indictment, at C.,in the county of,C,, unlawfully and injuriously 
 did * erect and cause and procure to be erected, certain furnaces 
 and ovens for the burning of cpkci and did, then and there 
 unlawfully and injuriously cause and permit great quantities 
 of smoke and sulphurous and other noxious, unwholesome and 
 injurious vapor to arise from thei said furnaces, aijd then and 
 there to impregnate, the air near and around said fui-naces, and 
 
i72 Indictments. 
 
 then and there to enter the dwelling-houses there situate near 
 the said furnaces, to the great damage and common nuisance 
 of all persons then and there living and inhabiting near the 
 said furnaces, and of all other persons then and there passing 
 near the same; against, etc., and contrary, etc. (6 Cox C. C, 
 Appen. p. 76 ; Train «fe Heard, 387, 388.) 
 
 4. Indictment for carrying on a trade offensive to the smell. 
 
 ( Use No. 3 to *, and go on thus : ) 
 kill and cause to be killed, divers large numbers of horses, near 
 to the dwelling-houses of divers persons, then and there inhab- 
 iting the same houses, and also near to a public road and 
 highway there, and then and on the said other days and tim^js, 
 at C. aforesaid, in the county aforesaid, unlawfully and injuri- 
 ously did cause and permit the skins, flesh, bones, blood, 
 entrails, excrements and other filth of and from the said horses 
 so killed, as aforesaid, to lie and remain near to the said dwel- 
 ling-houses and near to the said public road and highway, for a 
 long space of time, to wit, for the space of one week, whereby 
 divers noisome and unwholesome smells did then and there 
 arise from the said skins, flesh, bones, blood, entrails, excre- 
 ments and other filth, so that the air was then and there 
 greatly corrupted and infected thereby, to the great damage 
 and common nuisance of the inhabitants of the said houses, and 
 all other persons then and there passing upon and along said 
 public road and highway ; against, etc., and contrary, etc. (6 
 Cox C. C. Appen. 77; Train & Heard, 393.) 
 
 5. Indictment for carrying on an offensioe trade. (Id.) 
 ( Use No. 3 to f , and go on thus : ) 
 at C, in the county of C, near unto divers public streets, 
 being the common highways, and also near nnto the dwelling- 
 houses of divers citizens of said State, there situate and being, 
 unlawfully and injuriously did make, erect and set up, and 
 did cause and procure to be' made, erected and set up a certaiii 
 furnace and boiler, for the purpose of boiling tripe, and other 
 
^UISAN^CES. 173 
 
 entrails and offal of beasts; and that the said J. S., on the 
 day and year aforesaid, and on divei's other days * and times 
 between that day and the day of taking this inquisition, at C. 
 aforesaid, in the county aforesaid, unlawfully and injuriously 
 did boil and cause and procure to be boiled, in the said boiler, 
 divers large quantities of tripe and other entrails and offal pf 
 beasts; by reason of which said premises, divers noisome, 
 offensive, and unwholesome smokes, smells, and stenches, during 
 the time aforesaid, were from thence emitted and issued, so 
 that the air then and there was, and yet is, greatly filled and 
 impregnated with the said smokes, smells, and stenches, and 
 was, and is, rendered and become, and was and is, corrupted, 
 offensive, uncomfortable and unwholesome ; to the great dam- 
 age and common nuisance of all the citizens of said State 
 there inhabiting, being and residing, and going, returning, and 
 passing through the said streets and highways ; and against, 
 etc., and, etc. 
 
 Second count for continuing the nuisance. — And the jurors 
 aforesaid, etc., do fiirther present, that the said J. S., on the 
 said first day of June, in the year aforesaid, and from that 
 day until the day of the taking of this inquisition, at C. afore- 
 said, in the county aforesaid, a certain other furnace and boiler, 
 for the purpose of boiling tripe and other entrails and offal of 
 beasts, before that time made, erected, and set up by certain 
 persons to the jurors aforesaid unknown, unlawfully and inju- 
 riously did continue, and yet doth continue; and that the said 
 J. S., on the said first day of June, in the year aforesaid, and 
 on divers other days, etc. (as in the preceding count from the 
 asterisk [*] to the end). (Arch. 633.) 
 
 6. Indictment for polluting a water-course. (Id.) 
 That C. D., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , and on divers other days 
 
 and times between that day and the day of the finding of this 
 indictment, at C, in the county of C, did unlawfully and 
 injuriously * convey, and cause and suffer to be drained and 
 conveyed, great quantities of noxious and offensive liquid mat- 
 ters, scum and refuse, produced from the making of gas, and 
 
174 Indictmes^. 
 
 of coal tai" and coke, from certain ' premises of tbei said C. 
 D. there situate, into a certain ancient stream of pure water 
 tliere situate and flowing; and did thel*eby then and there pol- 
 lute, corrupt and render unwholesome the water of the said 
 stream, and make the same unfit to drink, to the great injury 
 and common nuisance of all persdiis then and there ' residing 
 near the said stream, and of all other persons then and there 
 using the water thereof; and against, etc., and, etc. (6 Cox 
 C, 0. Appen. 76) ; and see Bex v. Medley, 6 C. & P. 229. 
 
 7. Indictment for diverting a water-course. (Id.) 
 ( Use No. 6 to *, and go on thus :) 
 divert and turn out of its ancient and accustomed channels 
 and course, and cause and procure to be diverted a certain 
 ancient water-course, and common stream of water there situate, 
 and did then and there make and place, and cause and procure 
 to be made and placed, a dam and embankment across the 
 said stream, and did then and there and thereby deprive the 
 inhabitants of said C. and all other persons using the said 
 stream of water and water-courses of the said water, to the 
 great damage and common nuisance of the said inhabitants 
 and other persons; and against, etc., and, etc. (6 Cox C. C. 
 Appen. 76.) 
 
 8. Indictment for obstructing a puMte road; 
 
 (R. S. 1845, p. 479, § 16; Purp. 1043; Scatesy 562.) 
 
 ( Use No. 1 to *, and go on thus :) 
 with force and arms on that day, and on divei-s other days and 
 times between that day and the day of finding this indictment, 
 at C. aforesaid, in the county aforesaid, the public highway 
 then leading from C: aforesaid into the town of — — , unlaw- 
 fully and injuriously did obstruct and render inconvenient {or 
 dangerous) to pass, that is to say, divers lai^e pieces of tim- 
 ber and trees then and there did fa;ll, put and falling 
 place, and cause to be fallen, put and placed, and the same in 
 and upon said public highway to remain from the said day and 
 year first aforesaid until the finding of this indictment, and 
 same has so permitted, and still does permit to remain, to the 
 
Disease. 175 
 
 great damage and common nuisance of all the' citizens of said 
 State, going, returning, passihgj repassing, riding and laboring 
 in, through and alohg said people's public highway aforesaid, 
 to the evil example of all others in the like case offending ; 
 against, etc., and contrary, etc. 
 
 Y. DISEASE. 
 
 Under this head may be classed R. S. 1845, ch. 30, § 136 ; 
 and the act of February, 1851 ; Laws of 1851, p. 270, § 1 ', 
 and see Laws of 1865, p. 126 §§ 1, 2; also Laws of 1867, p. 
 169, §§ 1, 2, 3 ; and Law of 1869, p. 72 ; also id. p. 190, § 8. 
 
 Decisions — none in Illinois. See 4 Cox C. C. Appen. 14, 
 for a precedent of an indictment ^^for selling a diseased cow in, 
 public marhet.''^ 
 
 LimitatMh — eighteen motiths under each of above StatxiteS 
 Penalty — ^ under Laws of 1851, above, fine, not over $100, or 
 county jail, not over six months ; section 135', Criminal Code, 
 fine, not over $100, or county jail not over three months; Laws 
 of 1865, section 1, fine, not over $100; under Laws of 1867, 
 section 2, fine, not over $1,000, or be fined and imprisohed in 
 county jail, in discretion of the court, imprisonfrient to be not 
 over one year, and civil damages to the party injured. Under 
 Laws of 1869, p. 72, § 3, breaches of §§ 1 and 2, the penalty is 
 fine, on conviction, not less than $500 nor over $10,000, and 
 county jail, in addition, at discretion of the court, not more 
 than six months ; under Law of 1869, p. 190, § 8, county jail 
 not over one year, or be'fined not more than $1,000, in discre- 
 tion of the court. 
 
 Note. — The above offense under Laws of 1851, p. 270, R. S. 1845, cli. 30. §' 
 135, Criminal Code and Laws of 1865, p. 136, may be of justice of peace cog- 
 nizance, under Laws of 1865, § 1, p. 54. > 
 
 1. Indictment for throwing a dead animal into a water-course, 
 
 (Laws 1851, §1, p. 270.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , at 0. aforesaid, in the 
 
 county aforesaid, * did imlawfully and injuriously the dead 
 body of a dog throw into a certain ancient .water-course and 
 
17G Ikvictmexts. 
 
 stream of pure water, tliere situate and flowing, and tlie &aid 
 dead body of the dog aforesaid, did then and there permit to 
 remain, and did thereby then and there corrupt and render 
 unvvliolesome tlie water of said stream and make the same 
 unfit to drink, to the great damage and common nuisance of 
 all persons then and there residing near the said stream, and of 
 all other persons then and there using the water thereof; and 
 against, etc., and contrary, etc. (See Train & Heard, SSe.) 
 
 Note. — This statute mentiojis any water-course, lake, pond, spring, well or 
 common sewer ; the offense is a high misdemeanor. 
 
 2. Indictment for selling unwholesome meat. 
 
 (R. S. 1845, ch. 30, § 135 ; Purp. 386 ; Scates, 897.) 
 
 ( Use No. 1 to *, and go on thus : ) 
 knowingly', willfully and maliciously did sell to one C. D. a 
 certain quantity of diseased, corrupted and unwholesome pro- 
 visions, to wit, ten pounds of diseased, corrupted and unwhole- 
 some beef, to be then and there used by the said C. D. for 
 meat, the said J. S. not then and there making known to the 
 said C. D. that the said beef was then and there diseased, cor- 
 rupted and unwholesome, and the said A. B. then and there 
 well knowing the same beef to be diseased, corrupted and 
 unwholesome; against, etc., and contrary, etc. (See Train & 
 Heard, 399.) 
 
 3. Indictment for selling adulterated liquors. (Id.) 
 ( Use No. 1 to *, and go on thtis : ) 
 knowingly, willfully and maliciously did sell to one C. D. a 
 certain quantity of a fraudulently adulterated liquor, to wit, 
 port wine, the said J. S. then and there well knowing the same 
 to be adulterated ; against, etc., and contrary, etc. (See Train 
 & Heard, 400.) 
 
 4. Indictment for bringing diseased sheep into this State. 
 
 (Laws 1865, p. 126, § 1.) 
 
 ( Use No. 1 to *, and go on thus :) 
 knowingly, willfully, and maliciously did bring and cause to be 
 brought into the State aforesaid, one hundred head of sheep 
 
Diseased Cattle. 177 
 
 infected with contagious disease, the said J. S. then and there 
 well knowing the said sheep tb be infected with contagious 
 "disease ; against, etc., and contrary, etc. 
 
 5. Indictment for bringing Texas cattle into the State. 
 
 (Laws 186T, p. 169, §§ 1, 2.) 
 
 { Use No. 1 to *, and proceed thus :) 
 knowingly, willfully and unlawfully did bring, and cause to be 
 brought into this State, to wit, the State of Illinois, one hun- 
 dred head of Texas cattle, with intent that same should remain 
 in said State; against, etc. 
 
 The statute under which the foregoing indictment is framed 
 is repealed by Law of 1869, p. Y2, § 11, with saving clause in 
 favor of pending suits for injuries, and pending indictments, 
 continuing the act in force as to them until finally disposed of, or 
 prosecuted to final judgment, and further proviso in favor of 
 the act so repealed, continuing in force for recovery of damages 
 or losses which have accrued for violation of the act, whether 
 such suit may now or hereafter be commenced, to continue in 
 force as long as the time limited by law for such suits to be 
 commenced and prosecuted to final judgment. 
 
 6. Indictment for bringing Texas or GheroJcee cattle into this State. 
 
 (Laws 1869, p. 72, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did unlawfully, willfully and maliciously* 
 bring and cause to be brought into this State, to wit, the State 
 of Illinois, one thousand head of what is commonly called Texas 
 (or " Cherokee ") cattle ; against, etc., and contrary to, etc. 
 
 N. B. Section 1 applies to any person or persons, railroad 
 company, or other corporation or association of persons, excepts 
 " between first day of October and first day of March following 
 of each year," and, under section nine, when such cattle were 
 introduced into Kansas, Missouri, Nebraska, Iowa or Wiscon- 
 sin, prior to the first day of January, before being brought into 
 23 
 
178 Indictments. 
 
 tliis State. The certificate of county clerk is prima facie evi- 
 dence where said cattle Avere wintered, burden of proof on 
 defendant. This act provides for civil suits for damages to cat- 
 tle by disease imported by such cattle, the object of the act is 
 declared to be the prevention of spread of pestilence and disease 
 aniong native cattle of this State, and to protect owners of such 
 native cattle. 
 
 1. Indictment for having in possession Texas or Cherokee cattle. 
 (Id. § 2.) 
 
 ( Use No. 6 to *, and go on thus :) 
 have in his possession one hundred head of. what is commonly 
 called Texas cattle, which said one hundred head of Texas cat- 
 tle were not brought into this State, to wit, the State aforesaid, 
 between the first day of October and the first day of March of 
 the year aforesaid ; against, etc., and contrary, etc. 
 
 E". B. Section 2 applies to same persons, etc., as section 1, 
 and an indictment under section 2 lies for owning or having in 
 possession or control such cattle " at any time, which m,ay have 
 heen drought into this State at any time, except between first day 
 of October and first day of March following of each year." 
 
 8. Indictment for adulterating candies. 
 
 (Laws 1869, p. 190, § 8.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of Jxme, in the year of our Lord, , at 0. aforesaid, in the 
 
 coiinty aforesaid, being then and there engaged in the making 
 and manufacturing of candies, did unlawfully, willfully and 
 maliciously mix a certain destructive (or " poisonous liquid " 
 or substance) liquid, called {here name it^if the name is known ; 
 if not known to the grand jury, then say, " the name of which 
 is to the jurors aforesaid unknown") he,- the said J. S., well 
 knowing the same was destructive to life; against, etc., and 
 contrary, etc. 
 
 Note. — An indictment lies for selling such candy, knowing same to be so 
 mixed, under section eight of said act of 1869. 
 
Miscellaneous. 179 
 
 VI. MISCELLANEOUS. 
 
 This head embraces sections 136 to 141 inclusive of the Crim- 
 inal Code ; also Laws of 1851, p. Ill, § 2 ; Purp. 396 ; Scates, 
 135 ; and Laws of 1869, p. 27, as to pecan timber ; id., p. 27, 
 as to bmying ground, §§ 1, 2 ; also p. 27, as to fair grounds, § 1. 
 
 Decisions — none, except under section 140. Wentworth v. 
 People, 4 Scam. 550. 
 
 Li7nitation — eighteen months for all except section 139, 
 clause 1, three years. Penalty — under section 136, for utter- 
 ing unauthorized bill of credit, fine not over $300, imprisonment 
 not over one year. Under section 137 defacing notice, etc., fine 
 not over $50, or imprisonment not over one month ; section 138 
 is of justice of peace cognizance ; section 139, clause 1, having 
 pick-lock, etc., penitentiary two years ; section 139, clause 2, hav- 
 ing ofiensive weapons, with intent, etc., fine not over $100, or 
 imprisonment not over three months ; under section 140, fine not 
 less than $10, nor over $50 ; under section 141 fine not less than 
 $100, nor over $500; under Laws of 1851, section 2, p. Ill, 
 fine not less than $10, nor over $100, under Laws of 1869, as 
 to pecan timber, clause 1, fine not less than $50 nor over $100, 
 one-third to prosecuting witness, one-tliird to owner and one- 
 third to county school fund ; under Laws of 1869, as to burying 
 ground, same penalty as section 3 of chap. 22, K. S. 1845; 
 under Laws of 1869, as to fair grounds, fine not less than $50. 
 
 Note. — Sections 137, 139, 140, and section 3, Laws of 1851, above, may be 
 of justice of peace cognizance under Laws of 1863, p. 54, § 1 ;, also as to Laws 
 of 1869 above mentioned. 
 
 1. Indictment for uttering unauthorized hill of credit. 
 (R. S. 1845, eh. 30, § 136 ; Purp. 386 ; Scates, 397.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at 0. afoi'esaid, in the 
 
 county aforesaid, * unlawfully, knowingly, and fraudulently 
 then and there did without special leave of the general assembly 
 of the State aforesaid, to wit, the State of Illinois, thereto had, 
 utter and put off on one J. IS.., a certain bill of credit fraud- 
 ulently intending, that same be used as a general circulating 
 medium in the place of money, which said fraudulent bill of 
 credit is of the tenor following, to wit {fiere set out name verba- 
 tim) ; against, etc., and contrary, etc. 
 
180 Indictments. 
 
 2. Indictment for defacing puhlio notice, etc. 
 
 (E. S. 1845, ch. 30, § 137; Purp. 386; Scates, 397.) 
 
 ( Use No. 1 to *, omd go mi thus :) 
 a certain notice, part printed and part written {or written 
 notice), of sale of real estate, under and pursuant to an order 
 and decree of the Circuit Court, in and for the county of C. 
 aforesaid, publicly set up and posted on the post - office at 
 C. aforesaid, did intentionally, unlawfully and injuriously tear 
 down, deface and destroy, before the expiration of the time for 
 which, by law, said notice was to remain posted up ; against, 
 etc., and contrary, etc. (See Arch. 201.) 
 
 3. Indictment for having tools to break into a dwelling-house. 
 
 (E. S. 1845, ch. 30, § 139 ; Purp. 387; Scates, 398.) 
 
 ( Use No. 1 to *, and proceed thus :) 
 feloniously, knowingly and unlawfully did have on his person 
 certain instruments and tools, that is to say, ten skeleton keys, 
 adapted and designed for forcing and breaking open the dwell- 
 ing-house of one J. N. there'situate, with intent then and there 
 the dwelling-house of the said J. S. there situate, feloniously 
 and burglariously to break and enter, and then and there the 
 goods and chattels of the said J. E. in the said dwelling-house 
 then and there being, feloniously and burglariously to steal, 
 take and carry away ; the said J. N. then and there well know- 
 ing the said instruments to be adapted and designed for the 
 purpose aforesaid, with intent then and there feloniously and 
 burglariously to use and employ the said instruments for the 
 purpose aforesaid ; against, etc., and, etc. (See Jieg. v. Oldham, 
 2 Den. C. C. 472, and Train & Heard, 83.) 
 
 4. Another form for same. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 on the night of the day aforesaid, in the year aforesaid, near 
 the store occupied by J. N., containing valuable property, 
 situate at C. aforesaid, in the county aforesaid, was found, hav- 
 ing upon him, and in his possession, a pick-lock, crow and bit, 
 with intent then and there feloniously to break open and enter 
 the said store; against, etc., and, etc. 
 
Miscellaneous. 181 
 
 » 
 5. Indictment for having concealed weapons with intent to assault. 
 
 (R. S. 1845, cli. 30, § 139, clause 2, id.) 
 
 ( Use No. \ to *, and proceed thus :) 
 had on his person and in his possession a certain offensive 
 weapon, to wit, a pistol, with intent unlawfully, willfully and 
 maliciously one J. IS. to assault ; against, etc., and, etc. 
 
 6. Indictment for refusing to join the posse comitatis. 
 
 (E. S. 1845, ch. 30, § 140; Purp. 387; Scates, 398.) 
 
 ( Use JVb. 1 to *, and proceed thus :) 
 he the said J. S. being then over the age of eighteen years, and 
 by his allegiance bound to- aid the power of the county afore- 
 said, then and there by one J. T. then and there being a con- 
 stable of 0. aforesaid, in the county aforesaid, and lawfully 
 empowered to call to his assistance the power of the county 
 aforesaid to aid him in making legal arrests, was lawfully com- 
 manded and required by said J. T., constable as aforesaid, to 
 aid and assist hioi in arresting one J. N., for whose arrest said 
 J. T., so being such constable as aforesaid, then and there had a 
 legal warrant, "he the said J. T., being then and there resisted in 
 attempting the arrest aforesaid, the said J. S. did then and there 
 imlawfnlly, willfully and contemptuously refuse to aid said 
 J. T. in said arrest by joining the said power of said county, 
 whereby the said J. JST. was enabled to escape and go at large, 
 whithersoever he would, in contempt of the people and the 
 law, to the hindrance of justice, to the evil example of all 
 others in the like case offending ; against, etc., and contrary, etc. 
 
 7. Indictment for desecrating a grave. 
 
 (R. S. 1845, ch. 30, § 141 ; Purp. 387 ; Scates, 398.) 
 
 ( Use No. 1 to *, and go on thus :) 
 the church-yard of, and belonging to 0. aforesaid, there situate, 
 unlawfully and willfully did break into and enter, and the grave 
 in which one J. ~S., deceased, had lately then before been interred, 
 and then was, then and there unlawfully, w;illfully, and inde- 
 
182 Indictments. 
 
 « 
 cently did dig open, and then and there the body of the said 
 J. N. out of tlie grave aforesaid, unlawfully, willfully, and 
 indecently did take and carry away, with intent to use and 
 dispose of the said body for the purpose of dissection, the said 
 J. S. not beins then and there authorized so to do, with the 
 knowledge and consent of the near relations of the said J. N^., 
 deceased ; against, etc., and contrary, etc. (Arch. 666 ; Train 
 & Heard, 464.) 
 
 8. Indictment for willful trespass on burying ground. 
 
 (Laws 1851, p. Ill, § 2.) 
 
 {Use JVb. 1 to *, and go on thus :) 
 with force and arms, one willow tree, of the value of ten 
 dollars, of the property of one J. N., then and there placed 
 within the limits of a certain cemetery tliere situate, unlaw- 
 fully, willfully, and maliciously did cut down and destroy; 
 against, etc. (Train & Heard, 377.) 
 
 9. Indictment for injuring pecan timber. 
 
 (Law of 1869, p. 27, § 1, clause 1.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at 0. aforesaid, in the county 
 
 aforesaid,* unlawfully, knowingly and willfully did cut down, 
 fell and destroy a pecan tree then growing on the land of J. N. 
 there situate, he, the said J. S., then and there, not having the 
 license or consent of said J. N. thereto, and he, the said J. S., 
 not then and there having any color of title to said land made 
 in good faith ; against, etc., and contrary, etc. 
 
 Note. — This extends to pecan timber growing on the land of any corpora- 
 tion, and extends to cutting, boxing, felling, boring or destroying any pecan 
 tree or sapling standing or growing upon the laud of, etc. Clause two of same 
 section provides, in addition to the above, that any person so felling or destroy- 
 ing such tree or sapling shall be subject to indictment and fine not over f 100, 
 or by imprisonment in county jail not over three months, or both. 
 
 10. Indictment for desecrating a dedicated place of inter )nent. 
 (Id., § 1.) 
 
 ( Use No. 8 to asterisk [*], and go on thus :) 
 a certain piece of gi-ound there situate, theretofore used as a 
 burying ground by the people of the neighborhood of C. afore- 
 
Elections. 183 
 
 said, for a long space of time, to wit, for a period of twenty- 
 years and upward, sucli use thereof not having been prevented 
 by the owner or owners of the piece of groupd aforesaid during 
 said period, did then and there unlawfully, knowingly and 
 willfully attempt to use such piece of ground theretofore so 
 used as aforesaid for a purpose other than that of interment of 
 the dead, to wit, for a garden for the growing of vegetables ; 
 against, etc., and contrary, etc. 
 
 Note. — This act amends section 3 of chapter 23, E. S. 1845, of " charitahle 
 uses." The desecration or use is a trespass ; section two of this amendatory 
 act makes it the duty of the corporate authorities and police commissioners of 
 any incorporated town or city in the State, within whose limits such burying 
 ground is situated, to prevent such desecration or other use than that of inter- 
 ment by the owner of the fee or any other person. Section one declaring the 
 use for interment for twenty years, without prevention of the owner, to be a 
 dedication for a burying ground. 
 
 11. Indictment for trespassing 071 county fair grounds. (Id. § 1.) 
 ( Use JVo.- 8 to *, and go on thus :) 
 unlawfully, knowingly and willfully did, on the fair grounds of 
 the county of C, there situate, trespass, by then and there cut- 
 ting and destroying timber trees growing on said fair grounds, 
 the property then and there being of the agricultural society 
 of the county of C. aforesaid ; against, etc., and contrary, etc. 
 
 Note. — This act extends, also, to " removing, taking, carrying away or 
 breaking any boxes, troughs, stalls, benches, fences, locks, doors, inclosures, 
 gate or gates, or any appurtenances pertaining to said fair grounds, whether 
 inside or outside of their inclosures. 
 
 VII. ELECTIONS. 
 
 This head embraces sections 142 and 143 of the Crimimal 
 Code ; also Law of 1861, p. 268, § 4 ; also Law of 1865, p. 58, 
 § 14 ; also Law of 1869, p. 199, § 1. 
 
 Decisions — none, except under Law of 1861, p. 268 ; Carlo 
 V. Feople, 12 111. 285. 
 
 Limitation, under section 142 above, and section 143 — 
 eighteen months ; under Law of 1861, p. 268 above, and Law 
 of 1865, p. 58 above — three years. Penalty — under section 
 142, fine not over $100, this is repealed by Law of 1861 above. 
 Penitentiary not less than one year nor over five years ; under 
 Law of 1861 above, same term in the penitentiary ; under Law 
 
184 Indictments. 
 
 of 1865 above, penitentiary not less than one year ; under tliis 
 
 law, perjury is punished as such; fraud in the election board, 
 
 same time in penitentiary. The Law of 1869, page 199, applies 
 
 to breaches of it, all the penalties in sections 142 and 143 of the 
 
 Criminal Code ; also those of the Law of 1861, section 4, above, 
 
 and those of section 14 of the Registry Law of 1865 above. 
 
 Note. — Section 142 of the Criminal Code, may be of justice of peace cog- 
 nizance. See Law of 1863, p. 54, § 1. 
 
 1. Indictment for voting more than once at an election. 
 (R. S. 1845, ch. 30, § 142 ; Purp. 387; Scates, 399.) 
 That J. S., late of C, in the county of C, at a general 
 election, held on the first Tuesday after the first Monday in 
 November last past, it being the — day of November, in the 
 
 year of our Lord , in and for the county of C. aforesaid, 
 
 in the several precincts (or townships) of the said county, for 
 the purpose of electing county officers,* the said J. S. being 
 an elector in said county, did appear at the place of holding" 
 said election in the precinct {or township) aforesaid, and did 
 then and there vote for, and give in his vote for E. F. as the 
 person whom he intended to vote for to fill the office of sheriff 
 of said county, to be filled at said election, and cause his name 
 and vote to be entered by the clerks of said election in said 
 precinct (or township) for the said E. F. for sheriff as aforesaid ; 
 and the said J. S. being a person regardless of the rights of 
 the people, and of the freedom and purity of elections in this 
 State, afterward, on the said first Tuesday of November last 
 past, being the day in the month and year aforesaid, did appear at 
 the place of holding said election in said precinct {or township) 
 in said county, and did then and there again vote for the said 
 E. F. as the person he intended to vote for to fill the office of 
 sheriff, to be filled at said election, for the said E. F. for the 
 office of sheriff as aforesaid ; against, etc. 
 
 2. Indictrnent for voting at an election, not being a qualified voter. 
 
 (Laws of 1867, p. 268, § 4.) 
 
 ( Use No. 1 to *, and go on thus :) 
 the said J. S. not being a qualified voter at the precinct afore- 
 said, did appear at the place of holding said election in the 
 
Elections. 185 
 
 said precinct {on township), and did then and there vote for, 
 and give in his vote for E. F. as the person whom he intended 
 to vote for to fill the office of sheriff of said county, to be filled 
 at said election, and cause his name and vote to be entered by 
 the clerks of said election in said precinct {or township) for the 
 said E. F. for sheriff as aforesaid ; against, etc., and contrary, etc. 
 Note. — The statute of 1861, page 268, section 4, makes it indictable to vote 
 twice as in section 143 of the Criminal Code, increases the penalty to peniten- 
 tiary for not less than one nor more than five years. It also makes the offer 
 to vote a second time at same election an indictable offense with same penalty. 
 
 3. Indictment for causing name to be registered not being a 
 qualified voter. 
 
 (Laws of 1865, p. 58, § 14.) 
 
 That J. S., late of C, in the county of C, on the day 
 
 of , in the year of our Lord , at C. aforesaid, in fhe 
 
 county aforesaid, feloniously, knowingly and unlawfully did 
 appear before the board of registry of electors in the precinct 
 {or township) of C. aforesaid, the said board then and there 
 sitting as a board of electors, to register the voters of said pre- 
 cinct {or toivnship) according to law, and cause his name to be 
 registered as a legally qualified elector, he, the said J. S., then 
 and there well knowing that he, the said J. S., was not then 
 and there a legally qualified elector entitled to be registered as 
 aforesaid ; against, etc., and contrary, etc. 
 
 4. Indictment for menacing an elector. 
 
 (K. S. 1845, ch. 30, § 143 ; Purp. 387 ; Scates, 399.) 
 
 ( Use JVb. 1 to *, and go on thus :) 
 did unlawfully by threats and menaces attempt to influence one 
 J. N., being then and there a legal voter entitled to vote at 
 said election, to A'ote at said election as he, the said J. S., 
 required, the said J. N. then and there being in the employ- 
 ment of the said J. S., he, the said J. 'N., then and there did 
 unlawfully and menacingly threaten to discharge said J. iN^. 
 from his said employment, unless he, the said J. N., would give 
 his vote at said election as he, the said J. S., desired and re- 
 quired, in contempt of the people, etc., and the law, to the 
 evil example of all others in the like case offending ; against, 
 
 etc., and contrary, etc. 
 24 
 
186 Indictments. 
 
 5. Indictment for voting more than once at an election for sulh 
 scribing to stock of a corporation. 
 
 (Law of 1869, p. 199, § 1.) 
 
 That J. S., late of C, in the county of C, at a special elec- 
 tion, held on, etc., in C, aforesaid,* upon the question whether 
 the town of C. aforesaid, should subscribe for, or to, any stock 
 in the (name the company), being an incorporated company 
 under the laws of this State, (use No. 1 of this head from * 
 to end, mahing the necessary alterations) ; against, etc., con- 
 trary, etc. 
 
 Note. — This act applies to all elections to be held in any county, city, town, 
 township or village under any general or special law of the State, on the 
 question whether such county, etc., or any officer or officers thereof, or any 
 one in their name or on behalf of such county, etc., or the inhabitants of them 
 " should subscribe for or to any stock in any incorporated company, or make 
 any donation or gift iu aid of such company " — or on the question of the 
 " removal of any county seat." 
 
 0. Indictment for voting more than once at an election for 
 rem,oval of a county seat. (Id.) 
 
 ( Use No. 5 to *, and go on thus :) 
 upon the question of the removal of the county seat of the 
 
 county of C, aforesaid, from to , (use No. 1 from *, 
 
 to end, Tnalcing the necessary alterations f) against, etc., and 
 contrary, etc. 
 
 Note. — Under this law an indictment will lie as in Nos. 2, 3 and 4 of this 
 head, and to frauds in the election board. These precedents can be readily 
 altered to meet this act on the elections for the questions stated. 
 
 YIII. SUNDAY. 
 This subject embraces sections 144 to section 150, inclusive, 
 and, being of the cognizance of justices of the peace, no indict- 
 ment is here given, except under section 147, for disturbing 
 public worship. 
 
 Decisions. — Under section 144, Baxter v. People, 3 Gilm. 
 368 and cases cited, Johnson v. People, 31 111. 469. 
 
 Limitation — eighteen months. Penalty — under section 
 147, fine not over fifty dollars. 
 
Gams. 187 
 
 1. Indictment for disturbing public tcorship, 
 (R. S. 1845, ch. 30, § 147; Purp. 388; Scates, 399.) 
 Tliat C. D., late of C, in the county of C, on the first day 
 
 of June, in the year of our Lord , with force and arms, at 
 
 C. aforesaid, in the county aforesaid, did 'willfully interrupt 
 and disturb a certain collection of citizens then and there assem- 
 bled together for the purpose of worshipping Almighty God, 
 within the place of said meeting, to wit, within the Methodist 
 Episcopal church {or any church) in C. aforesaid, in the county 
 aforesaid, by then and there using profane swearing ; against, etc. 
 
 IX. GAME. 
 
 The numerous State Laws on this subject are the subject of 
 justice of the peace jurisdiction. No precedents of indict- 
 
 ments are therefore given herein. 
 
 Section 10. Offenses Commttted by Cheats, Swindlers, and 
 
 OTHEE FeAUDULENT PeeSONS. 
 
 These offenses are the subject of division 12 of the Criminal 
 Code, with subsequent enactments. They are : 
 
 1. Fraudulent conveyances, § 151. 
 
 2. False representations, § 152, amended by Law of 1857, p. 
 103, § 2. 
 
 3. False pretenses, § 153, amended by said Law of 1857, and 
 Law of 1867, p. 159, § 1. 
 
 4. Confidence game, Law of 1867, p. 88, §§ 1, 2. 
 
 5. Fraudulently selling land twice, § 154. 
 
 6. Using false weights, etc., § 155. 
 
 7. Frauds by warehousemen. Law of 1851, p. 9, §§ 1, 2, 3, 4, 5. 
 
 8. Fraudulent mixing grain. Law of 1867, p. 179, § 8. 
 
 9. Contracts for future delivery of grain, id. §§ 17, 18, 19, 20. 
 
 10. Over charging railroad fare for passengers ; also for over 
 charging freight. Law of 1869, railroad rates, p. 7, § 7. 
 
 11. Commission merchant fraudulently converting proceeds 
 of goods to his own use, id. p. 10, § 1. 
 
 12. Sales, of patent rights, id. p. 13, § 5. 
 
188 Indictments. 
 
 13. Assuming corporate name without authority, Law of 
 1869, p. 15, §§ 1, 2, 3. 
 
 14. Frauds on insurance companies. Law of 1869, p. 25, § 1. 
 
 15. Frauds on gas consumers and gas light companies. Law 
 of 1869, p. 200. 
 
 16. Frauds as to mineral oils. Law of 1869, p. 200. 
 
 IT. Frauds under the Homestead corporation law, Law of 
 186^, p. Y7, § 8. 
 
 Decisions. — Under section 151, Stow v. People, 25 111, 82 ; 
 under section 153, Cowen v. People, 14 id. 349 ; Taylor v. 
 Cottrell, 16 id. 94 ; Johnson v. People, 22 id. 314 ; Thomson 
 V. People, 24 id. 60. 
 
 Limiiation. — Eighteen months in all, except confidence 
 game No. 4 above, and Nos. 6 and 7 above, in which three years. 
 
 Penalty — under No. 1 aSowe, fine not over $1,000; under 
 No. 3, fine not over $2,000, and county jail not over one year, 
 and return of property so obtained ; under No. 4, penitentiary 
 not less than one year, nor over ten years ; under No. 5 same 
 as No 4 ; under No. 6, fine not less than $200, and county jail 
 three months; under No. Y, fine not over $1,000, and peniten- 
 tiary not over five years ; under No. 8, fine not less than $1,000, 
 nor over $5,000 ; under No. 9, same as No. 8 ; under No. 10 
 above, fine not less than $100 nor over $1,000, or county jail 
 not less than thirty days nor over one year, or both, in discre- 
 .tion of the court; under No. 11 above, fine not over $500, or 
 county jail not over three months, or both, in discretion of the 
 court, and civil action for damages in double — also for retaining 
 more than $100, fine not over $500 and county jail not over one 
 year, or both, in discretios of the court ; under No. 12 above, 
 fine not over $500, or county jail not over six months, or both, 
 in the discretion of the court, and civil action for double dam- 
 ages ; under No. 13 above, fine not less than $100, and like 
 sum, in discretion of the court, for each day of continuing the 
 oifense ; under No. 14 above, if over $25 obtained, penitentiary 
 not over fifteen years at hard labor — if under $25,' fine not over 
 $500 or county jail not over six months, or both, in discretion 
 of the court '; under No. 15 above, fine not over $250 or county 
 jail not over three months, or both ; under No. 16 above, under 
 section 2, fine not over $100, and county jail not over one month, 
 
Fraudulent Conveyance. 189 
 
 in the discretion of the court — under sections 3 and 4, same pen- 
 alties as in section 2 ; under ~Eo. 17 abovis, by fine or imprison- 
 ment, or both, to extent of misdemeanors punishable in the 
 discretion of the court. 
 
 The first clause &f section 151 of the Criminal Code, is sim- 
 lar to the provision in Eev. Stat. 1845, p. 258; Purp. 585, and 
 to the statute of 13 Elizabeth, ch. 5, § 3, of fraudulent convey- 
 ances ; under that statute of 13 Elizabeth, the only precedent 
 in the books is Beg. v. Smith et al., 6 Cox C. C. 31 ; for this 
 scarce precedent, see appendix No. 3. 
 
 No. 1. Fraudulent coNTEYANCE. 
 1. Indictment for fraudulent conveyance. 
 (R. S. 1845, ch. 30, § 151 ; Pnrp. 393 ; Scates, 400.) 
 That C. C, late of C, in the county of C, on the first day 
 
 of JuTie, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, being the owner in fee of a certain tract of 
 land, situate, lying and being in the said county, bounded and 
 described as follows, to wit {]iere describe tJie land), being then 
 and there indebted to one A. B., in a large sum of money, to 
 wit, the sum of one thousand dollars, for the collection of wliich 
 the said A. B. then lately commenced a suit in the Circuit 
 Court of said county of C. against the said C. D., he, the said 
 C. D., did unlawfully and fraudulently convey the land afore- 
 said to one G. H., with intent to hinder, delay and defeat the 
 said A. B., in the collection of his said debt ; against, etc., and 
 contrary, etc. 
 
 No. 2. False eepeesentations. 
 1. Indictment for false representations. 
 (R. S. 1845, ch. 30, § 152 ; Scates, 400, and Laws 1867, p. 103.) 
 (The false representation was that he was a solvent trader.) 
 That A. B., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at C. aforesaid, in the county 
 
 aforesaid, unlawfully, knowingly, and designedly did in writing 
 signed' by him, falsely represent and pretend to CD.,* that he, 
 the said A. B., was a membei' of a cevtaiii firm carrying on bus!- 
 
190 Indictments. 
 
 ness at C. aforesaid, under the name, stjle and firm of E. P. and 
 company, and that said last mentioned firm of E. P. and com- 
 pany, was then and there in solvent circumstances, and had 
 then, to wit, on the day, in the year aforesaid, at C. aforesaid, 
 in the county aforesaid, a balance in its favor of ten thousand 
 dollars ; by means of which said false representations and pre- 
 tenses the said A. B., did then and there unlawfully, knowingly, 
 and designedly obtain from the said C. D. {here state the goods 
 obtained, and the value hy items, as "one hundred china plates 
 of the value of one dollar each)" of the property of the said 
 C. C, with intent tlien and there to cheat and defraud the said 
 C. D. of the same, whereas, in truth and in fact, the firm of 
 E. P. and company, was not then and there in solvent circum- 
 stances ; and whereas, in truth and in fact, the said firm of E. P. 
 and company had not at the time the said A. B. so falsely repre- 
 sented and pretended as aforesaid, a balance in their favor of 
 ten thousand dollars, as the said A. B. then and there well 
 knew; against, etc. 
 
 No. 3. False peetenses. 
 1. Indictment for false pretenses. 
 (K. S. 1845, ch. 30, § 153 ; Scates, 400, and Laws 1857, p. 103.) 
 {The false pretense is in giving a check on a tank, where the 
 defendant had no funds.) 
 
 ( Use No. 2 to *, and go on thus :) 
 that a certain paper writing produced by the said A. B. to the 
 said C. D., and purporting to be a check drawn by the said 
 
 A. B. upon E. F. and companj', bankers, for the payment to 
 bearer of the sum of one thousand dollars, was then and there 
 a good, genuine, and available order for the payment of the 
 sum of one thousand dollars, and was then and there of the 
 value of one thousand dollars, which said check is of the tenor 
 following, that is to say (here set it out), and that the said A. 
 
 B. kept an account with the said E. F. and company, and that 
 the said A. B. had money in the hands of the said E. F. and 
 
 ._ compaiiy for the payment of the said check, and that the said 
 A. B. had full power, right, and authority to draw checks 
 upon the said E. F. and company, by means of which said 
 
Confidence Game. 191 
 
 false pretenses the said A. B. did then and there unlawfully, 
 knowingly and designedly obtain from the said 0. D. {here 
 describe the goods and their value), of the goods and chattels 
 of the said C. D., with intent then and there to defraud the 
 said C. D. of the same, the same not being a sale of said 
 picpperty on a credit. Whereas, in truth and in fact, the 
 Ba,id paper writing was not, then and there, a good, genuine 
 and available order for the payment of the sum of one thou- 
 sand dollars, nor was the same then and there of the value of one 
 thousand dollars ; and, whereas, in truth and in fact, the said 
 A. B. did not keep any account with the said E. F. and com- 
 pany ; and, whereas, in fact and in truth, the said A. B. had 
 not any money in the hands of the said E. F. and company for 
 the payment of said check ; and, whereas, in truth and in fact, 
 the said A. B. had not any power, right, or authority to draw 
 checks upon the said E. E. and company, as the said A. B. 
 then and there well knew ; against, etc. 
 
 . No. 4r. OoNFroENCE GAME. 
 
 1. Indictment for confidence game. 
 
 (Laws of 1867, p. 88, §§ 1, 2.) 
 
 That J. S., late of C, in *he county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, did unla^wfully and feloniously obtain {or 
 attempt to obtain) from J. N. his money {or property) by means 
 of the confidence game ; against, etc. 
 
 No. 5. Feaud in selling land tWice. 
 1, Indictment for fraudulently selling land twice. 
 (R. S. 1845, ch. 30, § 154 ; Purp. 393 ; Scates, 401.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at 0. aforesaid, in the county 
 
 of C. aforesaid, did enter into an agreement, in writing, with 
 J. N., to sell and convey to the said J. N., for the consideration 
 of one thousand dollars, to be paid three months after the date of 
 said agreement, all that certain piece or parcel of land, situate 
 in said county, and bounded as follows, to wit {Jiere describe the 
 
192 Indictments. 
 
 lands), and that afterward, to wit, on the said first day of August, 
 in the year aforesaid, and while the said agreement was in full 
 force, in the county aforesaid, for the consideration of one 
 thousand dollars, he, the said C. D., did knowingly and fraud- 
 ulently dispose of and convey the same land to A, B. ; against, 
 etc., etc. 
 
 No. 6. False weights. 
 1. Indictment for sellittg hy false weights. 
 
 (E. S. 1S45, ch. 30, § 155.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, and from thence to the finding of this indict- 
 ment, was a grocer, engaged in buying and selling divers goods, 
 wares and merchandise, and did unlawfully, deceitfully and 
 fraudulently keep in his store false weights for weighing goods, 
 wares and merchandise, by him sold, which caused them to 
 appear of greater weight, to wit, of the greater weight by one 
 ounce in every pound of goods weighed, than the real and true 
 weight thereof, and during that time did then and there know- 
 ingly sell to divers citizens of this State, divers wares, goods 
 and merchandise, weighed with said false weights ; against, etc. 
 
 •No. 7. Frauds bt warehousemen. 
 1. Indictment for issuing false receipts. 
 (Laws of 1851, p. 9, § 1 ; Purp. 394 ; Scates, 420.) 
 That J. S., late of 0., in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, then and there being a warehouseman, felo- 
 niously, unlawfully, knowingly and fraudulently f did issue a 
 certain false and fraudulent receipt * for one hundred bushels 
 of grain to one J, N., with intent to enable the said J. N. to 
 gain a credit thereon, which false and fraudulent receipt pur- 
 ported that said J. N. was owner of said one hundred bushels 
 of grain, he, the said J. S., then and there well knowing that 
 said one hundred bushels of grain had not been received into 
 his, the said J. N.'s warehouse, at C. aforesaid, as property of 
 said J. N., or on his, the said J. N.'s account, and that he, the 
 
Frauds by Wabehousemen. 193 
 
 said J. S., had not then and there under his control the grain 
 aforesaid, whereby, and by force of the statute in such case 
 made and provided, the said J. S. on the day and year afore- 
 said, was, and still is, deemed a cheat ; against, etc. 
 
 2. Indictment for issuing receipt for property not his own, 
 
 (Laws 1851, p. 9, § 2, id.) 
 
 ( Use No. 1 to *, and go on thus :) 
 to one J. N. for one thousand bushels of grain, as the property 
 of him, the said J. S., then in his, the said J. S., warehouse at 
 C. aforesaid, in the county aforesaid, being, which said receipt 
 was by said J. S. given to said J. N. as a security for the pay- 
 ment of a debt of five hundred dollars then owing by said J. S. 
 to said J. N., he, the said J. S., well knowing that at the time 
 of the issuing of said receipt, the said one thousand bushels of 
 grain then in the said warehouse of said J. S. did not belong 
 to him, the said J. S., with intent to defraud the said J. N. 
 whereby, and by force of the statute in such case made and 
 provided, the said J. S., on the day and year aforesaid, was, 
 and still is, a cheat ; against, etc. 
 
 3. Indictment for issuing a second receipt, the first receipt being 
 uncanceled. (Id. § 3, id.) 
 
 ( Use No. X to *, and go on thus :) 
 to one J. N. for one thousand bushels of grain, then and there 
 in liis, the said J. S. warehouse at C. aforesaid, in the county 
 aforesaid, being, in order to enable the said J. N". to gain a 
 credit thereon, the said J. S. then well knowing that another 
 prior receipt for same one thousand bushels of grain issued by 
 said J. S. to one A. B., was then outstanding and uncanceled ; 
 whereby, etc. {conclude as in No. 2 dbove). 
 
 4. Indictment for transferring stocJc in warehouse without the 
 owner'' s consent. (Id. § 4, id.) 
 
 ( Use No. 1 to dagger [f ], and go on thus :) 
 did transfer and deliver to J. N. one thousand bushels of grain 
 by issuing to said J. N. a receipt therefor, he, the said J. S., 
 
 25 
 
194 Indictments. 
 
 then and there well knowing that a prior receipt had before 
 that time been given by him, the said J. S., to one J. W. for 
 said one thousand bushels of grain, then in the warehouse of 
 said J. S. at C. aforesaid, in the county aforesaid, the said 
 J. "W. being owner pf said one thousand bushels of grain, and 
 he, the said J. "W., not having in writing assented to said trans- 
 fer to said J. N. of the grain aforesaid ; whereby, etc. 
 
 No. 8. FeAudulentlt mixing geain. 
 1. Indictment for fraudulently mixing grain, 
 
 (Laws of 1867, p. 179, § 8 ; Gross, 80.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, being a public warehouseman feloniously, 
 fraudulently, deceitfully and unlawfully did mix the different 
 grades of grain in his said warehouse, for the purpose of raising 
 the, grade thereof, he, the said J. S., not having, for that pur- 
 pose been applied to by J. N. the owner of said grain ; against, 
 etc. 
 
 No. 9. CONTEACTS FOE FUTUEE DELIVEEY OF GEAIN. 
 
 1. Indictment for gambling contract for future delivery of grain. 
 
 (Laws of 1867, p. 179, § 18; Gross, 80.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, being a warehouseman dealing in storing of 
 grain,* unlawfully, knowingly and wickedly did make a gam- 
 bling contract with J. N. for the delivery at a future time to 
 him, J. N., of one thpusand bushels of grain, he, the said 
 J. S., not then and there being the owner of said grain, nor 
 agent of the owner thereof, and the said grain not being 
 then and there in actual possession of said J. S., whereby and 
 by force of the statute in such case made and provided, the 
 said J. S. and J. N. are deemed guilty of gambling ; against, 
 etc. 
 
Railroad Fare and Freigbt. 195 
 
 2. Indictment for loaning warehouse receipts for speculation. 
 (Id. § 19.) 
 
 ( Use No. 1 above to *, and go on thus : ) 
 unlawfully, knowingl}' and wickedly did loan to J. N". a ware- 
 house receipt for five thousand bushels of grain, for the purpose 
 of said J. N. speculating thereon, he, the said J. N., not then 
 being owner of said grain, and he, the said J. S. well knowing 
 that said receipts were so loaned for the purpose of speculation 
 theron by said J. N. ; against, etc. 
 
 No. 10. OvEECHAEGING EAILEOAD FAEE AND FEEIGHT. 
 
 1. Indictment for overcharging railroad passenger fare. 
 
 (Law of 1869, p. 7, § 7, clause 1.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at 0. aforesaid, in the county 
 
 aforesaid, being agent (ofiicer, agent or employee), at C. afore- 
 said, of the railroad company (name it by its corporate name) 
 employed by said railroad company to I'eceive fare for carriage 
 and transportation of * passengers upon the railroad of said 
 railroad company, then and there unlawfully, knowingly, will- 
 fully and fraudulently did demand, receive and take from J. N., 
 a passenger on said railroad, a greater (or " diflferent " ) fare 
 than prescribed by the statute in such case made and provided 
 for such transportation from C. aforesaid to D., a station on 
 said railroad, to which said J. I^. was to be carried as aforesaid ; 
 against, etc., and contrary, etc. 
 
 2. Indictment for overcharging railroad freight for carrying i 
 property. (Id.) 
 
 ( Use No. 1 to *, and go on thus :) 
 property upon the railroad of said, railroad company, then and 
 there unlawfully, knowingly, willfully and fraudulently did 
 demand and receive from J. N. a greater (or " different ") rate 
 of compensation for the carriage and transportation of property 
 of J. N. upon said railroad from C. aforesaid to D., a station 
 on said railroad, to which said property was to be carried as 
 aforesaid, than prescribed by the -statute in such case made and 
 provided ; against, etc., and contrary, etc. 
 
196 Indictments. 
 
 No. 11. Commission merchant feaudtjlently converting pro- 
 ceeds OF CONSIGNMENT TO HIS OWN USE. 
 
 1. Indictment for fraudulent conversion of consignments, when 
 not over $100 in am,ouni. 
 
 (Law of 1869, p. 10, § 1.) 
 
 That J. S., late of C, in tlie county of C, on the first day 
 
 of June, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, a commission merchant (or " warehouseman, 
 storage, forwarding or commission merchant, or his or thevr 
 agents, clerics or employees " ) then and there being, fraudulently, 
 knowingly and designedly did convert to his own use the pro- 
 ceeds (or " profits " ) of the sale of one hundred barrels of apples 
 ( '■^fruits, grain, flour, heef, porh, or any other goods, wares or 
 merchandise'''') the property of J. IST., consigned to said J. S. 
 as commission merchant aforesaid for sale, for the use of said 
 J. N., contrary to the instructions of said J. N., consignor as 
 aforesaid, the said J. N. having demanded of said J. S. delivery 
 to him of the proceeds {or profits) aforesaid, after the said J. S. 
 deducting from said proceeds (or profits) the usual percentage 
 on sales as commissions, and which proceeds (or profits), after 
 such deduction, amounts to a large sum, to wit, the sum of 
 ninety dollars (not exceeding one hwndred dollars), and which 
 the said J. S. failed to deliver to said J. N., though so demanded 
 as aforesaid ; but said proceeds did embezzle, steal, take and carry " 
 away, at C. aforesaid, in, etc., against, etc., and contrary, etc. 
 
 Note. — Wien the proceeds or profits so retained or embezzled is over $100, 
 the fine, on conviction, is not over $500, or imprisonment in county jail not 
 over one year, or both, in the discretion of the court, and liability to civil action 
 for double damages. Warehousemen, etc., enumerated in the preceding form, 
 are liable to indictment ; a form to reach them can easily be framed from the 
 foregoing. 
 
 No. 12. Fraud in sale of patent eights. 
 
 1 . Indictment for selling patent rights, without complying with 
 the requirements of the statute. 
 
 (Law 1869, p. 13, § 5.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 Jime, in the year of our Lord , at C. aforesaid, in the county 
 
 aforesaid, and in the State of Illinois, unlawfully, knowingly, 
 willftiUy and fraudulently did offer to sell to one J. N. a certain 
 patent right claimed by said J. S. to belong to him, he, the said 
 
Assuming Cobpobate JVjmje, 197 
 
 J. S., not having previously thereto submitted to the clerk of 
 the county court of the county of 0. aforesaid, as required by 
 the statute in such case made and provided ; against, etc., and 
 contrary, etc. 
 
 Note. — The above section five makes it a misdemeanor to sell or barter 
 within the State, or to take any obligation or promise in writing for a patent 
 right, without complying with the requirements of the act or refusing to 
 exhibit the certificate by said act required. Penalty, fine not over $500, or 
 county jail not over six months, or both, in the discretion of the court ; also 
 liability to civil action for the damages sustained. The crime is complete by 
 non-compliance with the statute, or refusing to exhibit the certificate required 
 by the act ; an indictment to suit either can be readily drawn from the above. 
 
 The statute requires, in section two, that the party claiming the patent right, 
 before he can barter or sell, or offer to barter or sell, same (each aict is indict- 
 able, bartering or selling, or offering to barter or sell), first, shall submit to 
 the county clerk, for his examination, the letters patent, or a duly authenticated 
 copy thereof, and also his authority to sell or barter such patent right ; second, 
 shall, at the same time, swear or affirm to an aflidavit before sugh clerk, which 
 affidavit shall state the name and residence of the applicant, and, if an agent, 
 the name and residence of his or her principal, the affidavit to be filed in said 
 county clerkis office. If the clerk be satisfied that said patent right has not 
 expired, is not revoked or annulled, and the party is duty empowered to . sell 
 same, the clerk shall record the affidavit in a proper book, and give a certifi- 
 cate of that fact under the seal of the county court to such applicant. Section 
 three makes it imperative that the party offering to sell, etc., exhibit such 
 certificate ; under section five, refusing, to exhibit such certificate on sale or 
 barter completes the offense, and an indictment lies for same. 
 
 The object of the act is declared in its title to be regulation in Illinois of 
 sale of patent rights, and to prevent frauds therein. 
 
 No. 13. Assuming coepoeate name. 
 
 1. Indictment for assuming corporate name without charter. 
 
 (Law 1869, p. 15, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at C. aforesaid, in the county 
 
 aforesaid, unlawfully, fraudulently and designedly did put forth 
 a sign over the door of his oflBce at C. aforesaid situate, assum- 
 ing therein the corporate name of (here insert name), for the 
 purpose and with the intent of soliciting business under such 
 corporate name, he, the said J. S., having no authority, under 
 any public law or charter of the State of Illinois, to assume 
 said corporate name ; against, etc., and contrary, etc. 
 
 Note. — Section one makes it unlawful for any association of persons to put 
 forth such sign or advertisement without charter. 
 
198 Indictments. 
 
 2. Indictm,ent for assuming a corporate name otlier than that in 
 the charter. (Id. § 2.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of .our Lord , at C. aforesaid, in the county 
 
 aforesaid, unlawfully, fraudulenfly and designedly did put forth 
 a sign over the door of his office in C. aforesaid situate, which 
 sign did contain the name of said J. S., as doing business in the 
 corporate name of (here insert the name), whereas, in fact and 
 in truth, the corporate name of said J. S., under the laws of the 
 State of Illinois, is as follows, to wit (here insert it), which said 
 last mentioned corporate name is other and different from the 
 corporate name in said sign contained ; against, etc., and con- 
 trary, etc. 
 
 Note. — Section two makes it unlawful for any person or persons, or asso- 
 ciation, company or corporation to use other than their corporate name, as well 
 as add any tlijug to or lengthen such corporate name. 
 
 Ifo. 14. Feauds on insueance companies. 
 1. Indictment for obtaining money on life policy of insurance 
 by false representation of the death of the insured person. 
 
 (Law 1869, p. 25, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day of 
 
 June, in the year of our Lord , at C. aforesaid, in the county 
 
 of C. aforesaid, did unlawfully, fraudulently and falsely obtain 
 from the (name the insurance company), life insurance com- 
 pany at C. aforesaid situate, incorporated as such life insurance 
 company under the laws of the State of IlKnois, the sum of one 
 hundred dollars, by falsely and fraudulently representing to 
 said insurance company, on false and frau(iulent written repre- 
 sentations {or affidavits), that one J. N., whose life was insured 
 by said insurance company, was dead, when, in fact and in 
 truth, the said J. N". was not then dead, as the said J. S. then 
 and there well knew ; against, etc., and contrary, etc. 
 
 Note. — This act makes it unlawful to obtain, or attempt to obtain, money 
 from any life or accident insurance company by falsely stating the death of a 
 person insured, or for obtaining, or attempting to obtain an insurance on the 
 life of a fictitious person. Obtaining twenty-five dollars or more is punishable 
 in penitentiary at hard labor for a term not over fifteen years ; if under twenty- 
 five dollars, a fine not over $500, or county jail not over six months, or both, 
 at discretion of the court. 
 
Fbavds on Gas Companies. 199 
 
 No. 15. Featjds on gas consumers and gas companies. 
 1. Indictment for causing a gas-pipe to supply gas without cotv- 
 necting same with the meter. 
 
 (Laws of 1869, p. 200, § 1.) 
 
 That J. S., late of C, in the CQunty of C, on the firet day 
 
 of Juno, in the year of our Lord , at 0. aforesaid, in the 
 
 county aforesaid, did unlawfully, knowingly, designedly and 
 fraudulently, "with intent to defraud the (name of the gas com- 
 pany), at C. aforesaid situate, and deprive them of payment for 
 gas by them to said J. S. there supplied,* connect a certain 
 pipe for conducting illuminating gas by said company supplied, 
 from a gas reservoir of said company, in the house of said J. 
 S., at 0. aforesaid situate, to a gas burner there also situate, by 
 which said burner the illuminating gas aforesaid was consumed, 
 without the said J. S. passing the pipe aforesaid through the 
 meter then and there provided by the gas company aforesaid, 
 for measuring and registering the gas there consumed ; against, 
 etc., contrary, etc. 
 
 2. Indictment for injuring, gas meter to defrfiud, etc. (Id. § 2.) 
 
 ( Use JSTo. 1 to *, and go on thus ;) 
 did injure the gas meter provided by the company aforesaid for 
 measuring and registering the quantity of gas by said J. S. 
 there consumed, and to him supplied as aforesaid, so as to pre- 
 vent the action of said meter in measuring and registering the 
 quantity of gas so consumed as aforesaid ; against, etc., con- 
 trary, etc. 
 
 Note. — Section 2 makes it unlawful to prevent connection of any gas-pipe 
 conducting gas ■with, the meter, or to injure the action of the meter, or pro- 
 cure its injury, etc. 
 
 No. 16. rEAUDS AS TO MINEEAL OILS. 
 
 1. Indictment for selling mineral oils not " approved" etc. 
 
 (Laws of 1869, p. 200, § 3.) 
 
 That J. S., late of C, in the county of 0., on the first day 
 
 of June, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, then and there being a dealer {manufacturer, 
 
200 Indictments. 
 
 refiner, producer or dealer) in mineral oils, did unlawfully, 
 knowingly and designedly neglect to notify J. N., a duly 
 authorized inspector of mineral oils by the laws of the State 
 of Illinois, of his having purchased a large quantity of mineral 
 oils, then in his possession at C. aforesaid, for the space of two 
 days, the said mineral oil so purchased not having been 
 approved (wor inspected) by said inspector pursuant to the 
 statutes in such case made and provided ; against, etc., con- 
 trary, etc. 
 
 Note. — This act, § 2, makes any fraud, deceit, culpable negligence of the 
 inspector in his duties subject to indictment, fine not over $100, and county 
 jail not over one month, or both, in the discretion of the court ; § 3 inflicts 
 same penalty for the offense in above indictment against the parties mentioned 
 therein. 
 
 No. 17. FeAUD TJlfDEE THE HOMESTEAD COEPOEATION LAW. 
 
 1. Indictment of trustee for canceling mortgage without authority. 
 
 (Laws of 1869, p. 77, § 8.) 
 
 That J. S., late of C, in the county of 0. aforesaid, on the 
 
 first day of June, in the year of our Lord , at C. aforesaid, 
 
 in the county aforesaid, was a trustee of the Homestead Asso- 
 ciation of C. aforesaid {naming it ty its corporate name), a 
 company incorporated under the laws of the State of Illinois, 
 doing business at C. aforesaid, and was as such trustee then 
 and there intrusted with the mortgages, bonds and other securi- 
 ties of said Homestead Association ( or other name ) for safe 
 keeping, subject to the directions of said incoi-poration, the 
 said J. S., then and there being trustee as aforesaid, did unlaw- 
 fully, knowingly and designedly, contrary to and without the 
 authority of said {corporation, naming it), and in violation of 
 good faith, for his own use cancel a certain mortgage of 
 one J. N. to the said (corporation), given to secure (describe 
 the mortgage generally), and the said mortgage so canceled 
 did deliver to said J. N. ; against, etc., contrary, etc. (See 
 Arch. 286.) 
 
 Note. — This Act, § 8, makes it a misdemeanor of any oflScer, trustee, attor- 
 ney, agent or servant of such corporations to cancel, etc., securities without 
 authority ; any fraud in performance of duties is also so held and punished. 
 
Maliciovs Mischief. 201 
 
 Section 11. Featjdulent and Malioiocts Mischief. 
 
 The offenses in this section embrace sections 156-158, 6.^ 
 the Criminal Code, and form division 13 of that Code, and 
 Laws of 1867, p. 158, section 1, amending section 156, of the 
 Criminal Code; also Laws of 1865, p. 105, section 1, as to 
 malicious mischief to cemeteries ; also Laws 1867, p. 88, 
 canals, etc. ; also Law of 1869, p. M, cruelty to animals, sec- 
 tions 1, 2, 3, 4, sections 9, 11 and 12. 
 
 Decisions. — Under section 156, see Snap v. People, 19 111. 80, 
 and under section 158, see Benton v. McOlellan, 2 Scam. 434. 
 
 Limitation. — Eighteen months, except Laws 1867, pp. 88 
 and 158, which is three years. Penalty. — Under section 156, 
 fine, not over $100, or county jail not over three months, or 
 both ; under Laws of 1867, p. 158, section 1, penitentiary not 
 less than one year, nor more than ten years ; under section 157, 
 fine, not over $5,000, nor less than the value of the jail 
 injured ; under section 158, not less than $5, nor more than 
 $100. This offense may be of justice of the peace cognizance 
 (see Laws 1863, p. 54) ; under Laws 1865, p. 105, section 1, 
 same as in section 157 ; under Laws of 1867, p. 80, as to 
 canals, penitentiary not less than one year, nor more than 
 ten years ; under Law of 1869, cruelty to animals, section one, 
 fine for each, offense not less than $50, nor over $100 ; section 
 2 same as section 1, so of sections 3, 4, 9, 11 and 12 ; these 
 offenses may be of justice of the peace cognizance, under sec- 
 tion 1. 
 
 Note. — Under section 156 there are ten several classes of property men- 
 tioned, and they do not exhaust the modes of committing this misdemeanor 
 at common law. 
 
 (a) Malicious mischief. 
 1. Indictment for injuring a iridge. 
 (K. S. 1845, ch. 30, § 156 ; Purp. 395 ; Scates, 402.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, unlawfully willfully and maliciously * did 
 break down and damage, a certain bridge there situate, with 
 intent thereby then and there to render the said bridge danger- 
 ous and impassable ; and that the said J. S. did thereby then 
 26 
 
202 Indictments. 
 
 and there render the said bridge dangerous and impassable; 
 against, etc. (Arch. 339.) 
 
 2. Same for hredking windoios of a dvieUing-house. (Id.) 
 ( Use No. 1 to *, and go on thus : ) 
 the windows of a certain dwelling-house, the property of J. N., 
 there situate, did break, by throwing stones at and against said 
 windows ; against, etc. 
 
 3. Same for firing a stack of hay. (Id.) 
 ( Cse No. 1 to *, and go on thus : ) 
 a certain stack of hay, the property of J. IN"., then and there 
 being, did burn and consume ; against, etc. 
 
 4. Same for cutting down fruit trees. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain plum tree, the property of J. N., then and there 
 growing, being a fruit trEe, did cut and damage ; against, etc. 
 
 5. Same for pulling down a gate. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain gate erected on the premises of J. N., there situate, 
 did pull down ; against, etc. 
 
 6. Same for pulling down piles of wood. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 certain piles of wood, the property of J. N., then and there 
 being piled up, did pull down ; against, etc. 
 
 7. Same for overturning a cart. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain cart, the property of J. N., then and there being, did 
 overturn ; against, etc. 
 
Malicious Misvuief. 203 
 
 8. Same for running a cart into sloughs. (Id.) 
 ( Use No. 1 to *, and go on thus /) 
 a certain cart, the property of J. N., then and there being, did 
 run into a certain slough there being, to the damage of J. N. ; 
 against, etc. 
 
 9. Sa.me for cutting loose, and setting a hoot adrift. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 a certain boat, the property of J. N., then and there being, 
 and fastened to a stake on the bank of a creek there situate, 
 did cut loose, ^nd. set adrift in said creek, to the damage of 
 J. N. ; against, etc. 
 
 1 0. Same for poisoning a horse. (Id.) 
 ( Use No. 1 to *, and go on thus :) 
 did administer to a certain horse; the property of J. N., then 
 and there being, a large quantity, to wit, three drachms, of a 
 certain poisonous substance called white arsenic, of which said 
 poison, so unlawfully, wantonly and willfully administered by 
 said J. S., the horse aforesaid died; against, etc. 
 
 11. Indictment for burning a rich of hay over value of $25, 
 
 (Law of 1867, p. 158, § 1.) 
 
 ( Use No. 1 to *, and go on thus :) • 
 
 a certain rick of hay, the property of J. N., then and there 
 being, of the value of fifty dollars, did set fire to, burn and 
 consume; against^ etc. 
 
 12. Injuring a jail. Indictment for. 
 (K. S. 1845, ch. 30, § 167; Purp. 396; Scates, 402.) 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid,* a certain public jail, being the common 
 jail of the county aforesaid, at C. aforesaid,. in said county 
 situate, the property of said county, of the value of three 
 thousand dollars, did feloniously, willfully, wantonly and 
 
204 Indictments. 
 
 maliciously, injure by breakiDg the windows thereof, by 
 tLrowing stones at and against said windows, to the damage 
 of said county of three hundred dollars ; against, etc. 
 
 13. Indictment for firing prairies. ■ 
 
 (R. S. 1845, ch. 30, § 158 ; Purp. 396 ; Scates, 402.) 
 
 ( Use No. 11 to*, and go on thus :) 
 unlawfully, willfullj-, and intentionally did set on fire, a certain 
 prairie, there situate, and called {Jwre name it), the said prairie 
 being in an inhabited part of said county, and the said J. S. 
 not being then the owner of any farm, plantation or inclosure, 
 the aforesaid prairie adjoining, to the injury and damage of 
 the citizens residing near the prairie aforesaid, and of the 
 owner of said prairie ; against, etc. 
 
 14. Indictment for injuring a tom^. 
 
 (Laws of 1865, p. 105, § 1.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, the cemetery of and belonging to C. afore- 
 said, in the county aforesaid, there situate, feloniously, unlaw- 
 fully, willfully and indecently did break open and enter a 
 tomb therein, in wh'ch a certain human body, to wit, the body 
 of one J. N., had lately before been interred, and then was, 
 then and there feloniously and unlawfully did open, and from 
 the dead body aforesaid^ did feloniously, certain jewels, to wit, 
 a diamond ring, of the value of three hundred dollars, remore 
 and convey away, he, the said J. S., not having lawful authority 
 60 to do ; against, etc. 
 
 15. Indictment for injuring canal embankment.- 
 
 (Laws of 1867, p. 88, § 28.) 
 
 That J. S., late of C, in the county of C, on the first day 
 
 of July, in the year of our Lord , at C. aforesaid, in the 
 
 county aforesaid, a certain part of the embankment of the canal 
 
Special Pleas. 205 
 
 there situate, under the charge of the canal commissioners 
 appointed by an Act of the Legislature of the State of Illinois, 
 entitled "An act for canal and river improvements," in force 
 the twenty-eighth day of February, in the year of our Lord one 
 thousand eight hundred and sixty-seven, feloniously, unlaw- 
 fully, and maliciously did cut through ; against, etc. 
 
 Section 12. Offenses Eelative to Slaves, Servants, and 
 
 Apprentices. 
 
 This head forms division 14 of the Criminal Code, gections 
 159-161; sections 159 and 160 are obsolete; section 161 is 
 partly in force — that is, as to harboring minors and apprentices. 
 
 Decisions — under section 161, none. 
 
 limitation — eighteen months. Penalty — fine twelve dollars 
 and forfeiture of license. This offense may be of justice of the 
 peace cognizance. (See Laws 1863, p. 54.) 
 
 1. Indietment for harboring a minor. 
 (E. S. 1845, ch. 30, § 161 ; Purp. 397 ; Scates, 402.) 
 That J. S., late of C, in the county of C, on the first day of 
 
 July, in the year of our Lord , and on divers days since, 
 
 up to the day of finding this indictment, being the keeper of a 
 public house at C. aforesaid, in the county aforesaid, did enter- 
 tain at his house E. S., who is within the age of twenty-one years, 
 and an apprentice to J. 1^., after having been cautioned to the 
 contrary by the said J. N., in the presence of E. F.; a credible 
 witness, the said J. S. then and there knowing the said E. S. 
 to be an apprentice; against, etc. (Cotton's Treatise, p. 112.) 
 
 PAET III. 
 
 Defendant's special pleas. 
 The usual special plea to the jurisdiction and replication 
 thereto, the plea of wrong additioa, and the plea of no addition 
 aje not given, the first may be the subject of motion (see Crimi- 
 nal Code, section 163),- and the latter pleas being by same section 
 rendered obsolete, the plea of misnomer is seldom pleaded. 
 
206 Special Pleas. 
 
 1. Plea of misnomer of the Christian name. 
 And James Long, who is indicted by the name of George 
 Long, in his own proper person cometh into court here, and 
 having heard the said indictment read, saith that John Long 
 is his name, and by that name he was always called and known, 
 without this, that the said James Long now is or at any time 
 hath hitherto been called or known by the name of George, as 
 by the said indictment is supposed, and this the said James 
 Long is ready to verify ; wherefore he prayeth judgment of the 
 said indictment, and that the same may be quashed, etc. 
 (Arch. 110, top page.) 
 
 2. Peplication to the above. 
 
 And hereupon J. N., State's attorney, who prosecutes for 
 said people in this behalf, saith that the said indictment, by 
 reason of any thing by the said James Long in his said plea 
 above alleged ought not to be quashed, because he saith that the 
 said James Long, long before and at the time of the preferring 
 of the said indictment was, and still is known as well by the 
 name of George Long as by the name of James Long, to wit, 
 at C, aforesaid, in the county aforesaid ; and this the said J. !N. 
 prays may be inquired of by the county, etc. (Arch. Ill, top 
 paging.) 
 
 (From the above plea, a plea of misnomer can be framed.) 
 
 3. Special plea — in bar. 
 And the said J. S., in his own proper person, cometh into 
 cotirt here, and having heard the said indictment read, saith, 
 that the said people, etc., ought not to further prosecute the 
 said indictment against him, the said J. S., because he saith, 
 that, etc., {state the matter of the plea, and conclude thus ;) and 
 this the said J. S. is ready to verity, wherefore he prays judg- 
 ment, and that by the court here he may be dismissed and dis- 
 charged from the said premises in the said indictment above 
 specified. (Arch. 105, top paging.) 
 
 4. Replication, 
 
 And hereupon J. N"., State's attorney, who prosecutes for the 
 said people in this behalf, says," that by reason of any thing in 
 
Special Pleas. 207 
 
 the said plea of the said J. S., above pleaded in bar, alleged, 
 the said people, etc., ought not to be precluded from pr"6secut- 
 ing the said indictment against the said J. S., because, he says 
 that, etc. {state the matter of the replication, and conclude thus:) 
 and thi^ the said J. N., prays may be inquired of- by the 
 county {or, if it conclude with a verification, thus :) and this 
 he, the said J. N., is ready to verify, whereupon he prays judg- 
 ment, and that said J. S. may be convicted of the premises in 
 the said indictment above specified. 
 
 Note. — If the replication conclude to the country, the similiter is then 
 added thus : " and the said J. S., doth the like, and therefore let a jury come." 
 If the replication conclude with a verification, the defendant must rejoin. 
 
 5. Mejoinder. 
 And the said J. S., as to the said replication of the said 
 J. IS"., to the said plea by him, the said J. S., saith, that the 
 people, etc., by reason of any thing by the §aid J. ^. in that 
 replication alleged, ought not further to prosecute the said 
 indictment against him, the said J. S., because, he saith, that, 
 etc. {here state the matter of the rejoinder, and conclude thus : ) 
 and of this the said J. S. puts himself upon the country, etc. 
 {or, if it he necessary to conclude with a verification, the conclv^ 
 sion may he in the samie form as in a plea). (Arch. 87, top 
 paging.) 
 
 6. Plea of autrefois acquit. 
 And the said J. S., in his own proper person cometh into 
 court here, and having heard the said indictment read, saith 
 that the people, etc., ought not further to prosecute the said 
 indictment against him, the said J. S., because he saith, 
 that heretofore, to wit, at the {here set forth the caption 
 of the court verbatim), it was presented, that the said J. S. 
 
 (then and there being described as J. S., late of , 
 
 in the county aforesaid), on .the third day of {continue the in- 
 dictment to the end in the pa,st tense, and go on thus :) as 
 by the record thereof more fiilly and at large appears, which 
 judgment still remains in full force and effect, and not in the 
 least reversed or made void ; and the said J. S. in fact saith. 
 
208 Special Pleas. 
 
 that he, the said J. S., and the said J. S. so indicted and acquit- 
 ted as last aforesaid, are one and the same person, and not 
 other and diflferent persons ; and that the {felony and larceny), 
 of which he, the said J. S., was so indicted and acquitted as 
 aforesaid, and the (felony and larceny) of which he is now 
 indicted, are one and the same (felony and larceny) and not 
 other and different (felonies and larcenies) ; and this he, the 
 said J. S., is ready to verify, whereupon he prays judgment, and 
 that by the court here he may be dismissed and discharged 
 from the said premises in the present indictment above specified. 
 (Arch. 89, top paging.) 
 
 7. Flea of autrefois convict. 
 And the said J. S., in his own proper person cometh into 
 court here, and having heard the indictment read, saith, that 
 the said people, etc., ought not further to prosecute the said 
 indictment against him, the said J. S., in respect of the offense 
 in the said indictment mentioned, because, he saith that 
 heretofore, to wit, at the Circuit Court in and for the county 
 aforesaid, begun and holden at, etc. {Jiere set out the former 
 judgment and conviction verbatim in the past tense, and go 
 on thus :) as by the record thereof in the said court remaining, 
 more fully and at large appears, which said judgment and 
 conviction still remain in full force and effect, and not in the 
 least reversed or made void ; and the said J. S. so indicted 
 and convicted, are one and the same person, and not other or 
 different; and the said J. S. further saith, that the (felony 
 and larceny, or other offense), of which the said J. S. was so 
 indicted and convicted as aforesaid, and the (felony and lar- 
 ceny), for which he is now indicted, are one and the same 
 (felony and larceny), and not other or different ; and this he, 
 the said J. S., is ready to verify; wherefore he prays judgment 
 if the said people ought further to prosecute the said indictment 
 against the said J. S., in respect of the said offense in the said 
 indictment mentioned, and that he, the said J. S., may be dis- 
 missed and discharged from the same ; and as to the felony 
 and larceny aforesaid in the said indictment mentioned, the 
 said J. S. saith, that he is not guilty thereof, and therefore he 
 puts himself upon tlie country, etc. (Arch. 92, top paging.) 
 
Special Fleas. 209 
 
 8. Replication. 
 And hereupon J. N., State's attorney^ who prosecutes for 
 the people, etc., in this behalf, says, that by reason of any thing 
 in the said plea of the said J. S. above pleaded in bar alleged, 
 the said people, etc., ought not to be precluded from prosecut- 
 ing the said indictment against the said J. S., because he says 
 that there is not any record of the said supposed conviction in 
 manner and form as the said J. S. hath above in his said plea 
 alleged ; and this the said J. S. prays may be inquired of by 
 the county, etc. (Arch. 92, top paging.) 
 
 27 
 
APPENDIX. 
 
 No. 1. Indictment in the case of the Commonwealth v. 
 Webster, for murder of Dr. ParTtman. (Bemis' Eeport, p, 1, 
 2, 3, 5 ; 5 Gush. p. 81, 295.) 
 
 This indictment contains fouc counts; the fourth count is 
 the most important : 
 
 1. For murder by stabbing with a kn^fe. 
 
 2. For same, by inflicting a blow on the head with a hammer. 
 
 3. For same, by striking, kicking, etc. 
 
 4. For same, in some way or manner, etc., unknown, 
 
 [This is a very celebrated case.] 
 
 First count. 
 The jurors, etc., upon their oath present, that John W. 
 Webster, late of Cambridge, in the county of Middlesex, 
 gentlfeman, on the twenty-third day of November, in the year 
 
 of our Lord , at Boston, in the county of Suffolk, in and 
 
 upon one George Parkman, feloniously, willfully and of his 
 malice aforethought, did make an assault ; and 'that the said 
 John W. Webster, with a certain knife, the said George Park- 
 man, in and upon the left side of the breast of the said George 
 Parkman, then and there feloniously, willfully and of his 
 malice aforethought, did strike, cut, stab, and thrust, giving to 
 the said George Parkman, then and there with the knife afore- 
 said, in and upon the left side of the breast of the said George 
 Parkinan, one mortal wound, of the length of one inch, and 
 of the depth of three inches ; of which said mortal wound, 
 the said George Parkman then and there instantly died ; and 
 so the jurors aforesaid, upon their oath aforesaid, do say, that 
 the said John W. Webster, the said George Parkman, in man- 
 ner and form aforesaid, then and there feloniously, willfully, 
 and of his malice aforethought, did kill and murder ; against 
 the peace of the commonwealth aforesaid, and contrary to the 
 form of the statute in sucli case made and provided. 
 
212 Appendix. 
 
 Second count. 
 And the jurors aforesaid, upon their oath aforesaid, do fui"- 
 ther present, that the said John W. "Webster, at Boston afore- 
 said, in the county aforesaid, on the twenty-third day of 
 
 November, in the year of our Lord , in and upon the said 
 
 George Parkman, feloniously, willfully, and of his malice 
 aforethought, did make an assault ; and that the said John W. 
 Webster, then and there, with a certain hammer, the said 
 George Parkman, in and upon the head of the said George 
 Parkman, then and there feloniously, willfully, and of his 
 malice aforethought, did strike, giving unto the said George 
 Parkman, then and there with the hammer aforesaid, by the 
 stroke aforesaid, in maAner aforesaid, in and upon the head of 
 the said George Parkman, one mortal wound, of which said 
 mortal wound the said George Parkman then and there 
 instantly died ; and so the jurors aforesaid, upon their oath 
 aforesaid, do say, that the said John "W. "Webster, the said 
 George Parkman, in manner and form aforesaid, then and there 
 feloniously, willfully, and of his malice aforethought, did kill 
 and murder; against the peace of said commonwealth, and 
 contrary to the form of the statute in such case made and 
 provided. 
 
 Third count. 
 
 And the jurors aforesaid, upon their oath aforesaid, do further 
 present, that the said John W. "Webster, at Boston aforesaid, in 
 the county aforesaid, on the twenty-third day of November, in 
 
 the year of our Lord , in and upon the body of one George 
 
 Parkman, feloniously, willfully and of his malice aforethought^ 
 did make an assault ; and that the said John "W. Webster, then 
 and there, with his hands and feet, the said George Parkman, 
 feloniously, willfully and of his malice aforethought did strike, 
 beat and kick in and upon the head, breast, back, belly, sides 
 and other parts of the body of the said George Parkman ; and 
 did then and there feloniously, willfully and of his malice 
 aforethought, cast and throw the said George Parkman down, 
 unto, and upon the floor, with great force and violence there, 
 giving unto the said George Parkman then and there, as well 
 by beating, striking and kicking of the said George Parkman, 
 in manner and form aforesaid, as by the casting and throwing 
 
Appendix. 213 
 
 of the said George Parkman down, aS aforesaid, several mortal 
 strokes, wounds and bruises, in and iipon the head, breast, back, 
 belly, sides and other parts of the body of the said. George 
 Parkman, of which said mortal strokes, wounds and bruises the 
 said George Parkman then and there instantly died ; and so 
 the jurors aforesaid, upon their bath aforesaid, do say that the 
 said John "W. "Webster, the said George Parkman, in manner 
 and form aforesaid, then and there feloniously, willfully and 
 of his malice aforethought, did -kill and murder; against the 
 peace of said commonwealth, and contrary to the form of the 
 statute in such case made and provided. 
 
 Fourth count. 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that the said John "W. "Webster, at Boston afore- 
 said, in the county aforesaid, in a certain building known as 
 the Medical College, there situate, on the twenty-third day of 
 
 !N^ovember, in the year of our Lord , in and upon one 
 
 George Parkman, feloniously, willfully and of his malice afore- 
 thought, did make an assault ; and the said George Parkman, 
 in some way and manner, and by some means, instruments and 
 weapons, to the jurors unknown, did then and there feloni- 
 ously, willfully and of his malice aforethought, deprive of life, 
 so that the said George Parkman, then and there died ; and 
 so the jurors aforesaid, upon their oath aforesaid, do say, that 
 the said John "W. "Webster, the said George Parkman, in the 
 manner and by the means aforesaid, to the said jurors unknown, 
 then and there feloniously, willfully and of his malice afore- 
 thought, did kill and murder ; against the peace of the com- 
 monwealth aforesaid, and contrary to the form of the statute in 
 such case made and provided. 
 
 No. 2.. IndictTmnt for threatening ly letter to accuse of a 
 crime. - 
 
 The jurors, etc., upon their oath present, that C. D., late of 
 F., in the county of M., laborer, on the first day of June, in 
 the year of our Lord , at P., in the county of M., feloni- 
 ously, knowingly, willfully, and maliciously did threaten one 
 ^.. F., to accuse the said E. F., of having committed the crime 
 
214 Appendix. 
 
 of {here set forth the crime)^ by then and there feloniously, 
 . knowingly, willfully, and maliciously sending to the said E. F. 
 a certain written communication, which said written cotarnuni- 
 cation is of the following tenor, that is to say {here set out the 
 letter correctT/y)^ with intent thereby, then and there feloniously, 
 knowingly, willfully and maliciously to extort money from the 
 said E. F. ; against the peace of said commonwealth, and con- 
 trary to the form of the statute in such case made and provided. 
 
 No. 3. For sending a letter threatening to burn a choelling-house. 
 
 The jurors, etc., upon their oath present, that C. D., late of 
 
 F., in the county of M., laborer, on the first day of June, in the 
 
 year of om- Lord , at F., in the county of M., feloniously, 
 
 knowingly, willfully and maliciously did threaten one E. F. to 
 burn and destroy a certain dwelling house, of the property of 
 the said E. F., there situate, by then and there feloniously, 
 knowingly, willfully and maliciously sending to the said E. F. 
 a certain written communication, which said written communi- 
 cation is of the following tenor, that is to say, etc., with intent 
 thereby then and there feloniously, knowingly, willfully and 
 maliciously to extort money from the said E. F. ; against the 
 peace of said commonwealth, and contrary to the form of the 
 statute in such case made and provided. 
 
 Ifo. 4, For sending a threatening letter. 
 The jurors, etc., upon their oath present, that W. B., late of 
 B., in the country of Surrey, laborer, on the first day of March, 
 in the year of our Lord , with force and arms at B. afore- 
 said, in the county aforesaid, knowingly and feloniously did 
 send to one J. H., a certain letter, directed to the said J. H., 
 by the name and description of Mr. H. esquire, accusing the 
 said J. H. of having committed a certain crime punishable by 
 law wiih death, to wit, the abominable crime of buggery, with 
 the said W. B., with a view and intent thereby then and there 
 
 ' The crime need not be teclmically described. Hex v. Tucker, 1 Moo. C. C. 134. 
 ' Set, out the letter correctly. Bex v. Loyd, 3 East P. C. 1133. 
 
Appendix. 215 
 
 to extort and gain money from the said J. H., which said letter 
 is as follows, that is to say : " Sir, I write to inform you, that 
 yon have been very unkind, trying to your extreme energies to 
 reflect disparagement on my reputation ; in retaliation, I shall 
 make known those liberties and diabolical actions you took 
 with me when I was bathing you in your room, what I term 
 sodomiting ; some compensation I wish to receive from your 
 hands, in one way or another ; I am waiting for an answer at 
 the bottom of Stockwell lane. Obedient servant, but injured 
 W. B. ;" contrary to the form of the statute in such case made 
 and provided, and against the peace, etc. (2 Cox C. C. App. 
 
 P- 11-) 
 
 No. 5. Indictment for fraudulent conveyance. 
 
 The above relates to section 151, of the Criminal Code. 
 This indictment is under statute 13 Eliz. ch. 5, § 3, which js a 
 civil statute, but is under this indictment, taken in a criminal 
 aspect in view of the common law doctrine against frauds and 
 cheats. In its form as a civil statute it may be found substan- 
 tially in K. S. 1845, p. 258 ; Purp. 585 ; Scates, 393 ; as a 
 criminal statute it is found in K. S. 1845, ch. 30, § 151, clause 
 1 ; Purp. 393. This indictment is the only form in the books 
 tinder the statute 13 Eliz. ch. 5, § 3. It was used in Regina 
 V. Smith et al., 6 Cox C. C. 31. These Eeports are difficult to 
 procure in America, hence its publication herein. For any 
 oflfense within 13 Eliz. ch. 5, § 3, the offender may be indicted. 
 In such indictment it is not necessary to set out the specific 
 facts constituting the fraud. 
 
 In this case the defendants were charged upon indictment 
 under 13 Eliz. ch. 6, § 3, for making a fraudulent conveyance. 
 
 Stjeeet, to wit : 
 
 The jurors, for our lady, the Queen, upon their oath present, 
 that, heretofore and before the committing of the offense herein- 
 after next mentioned, to wit, on the first day of January, in 
 the year of our Lord one thousand' eight hundred and fifty, 
 and on divers other days and times heretofore, William Smith, 
 hereinafter mentioned, had committed and caused to be com- 
 mitted near to, and in the neighborhood of certain, to wit, 
 
216 Appendix. 
 
 tweaty-two messuages, of and belonging to one T. C. M., to 
 wit, at "West Hill Grove, in the parish of Battersea, in the 
 county of Surrey, divers nuisances and injurious acts, matters 
 and things, to the great damage and injury of the said T. C. M.., 
 to wit, the amount of £300 and upward, wherefore the said 
 T. C. M., heretofore, to wit, on the twenty-seventh day of 
 January, in the year of our Lord one thousand eight huudi'ed 
 and fifty-one, did commence a certain action on the case against 
 the said W. S., to wit, in the court of our lady the Queen, 
 before the Queen herself, whereby to recover from the said 
 W. S. the lawful damages sustained by the said T. C. M. for 
 and in respect of the said nuisances and injurious, acts, matters 
 and things aforesaid. 
 
 That thereupon such proceedings were had and taken in the 
 said action, that afterward, to wit, at the assizes holden at 
 Kingston on Thames, in and for the county of Surrey aforesaid, 
 the said action came on to be tried, and then and there, before 
 the Eight Honorable John Lord Campbell and the Right 
 Honorable Sir James Paeke, then and there being her 
 Majesty's justices assigned to take the assizes in and for the said 
 county, was by a certain jury of the country in due form of law 
 tried, upon which said trial the said jury did find and say upon 
 their oath, that the said "W". S. was guilty of the grievances, 
 nuisances and injm-ious acts, matters and things aforesaid, .and 
 assessed the damages of the said T. C. M. on occasion thereof 
 over and above his costs and charges by him about his said suit 
 in that behalf expended, to £300, and assessed those costs and 
 charges at forty shillings. 
 
 That during the pendency of the said suit, to wit, from the 
 commencement of the said suit until the twenty-eighth day of 
 March, in the year of our Lord 1851, the said "W. S. was seized 
 in his demense as of fee of and in certain lands, hereditaments 
 and premises within said county, to wit, at the parish of Bat- 
 tersea, in the county of Surrey.* 
 
 That the said "W. S., late of the parish of Wandsworth, in 
 the county aforesaid, laborer, and S. Everett, late of the same 
 place, laborer, devising and wickedly intending and contriving 
 to injure, prejudice and aggrieve the said T. 0. M., and to 
 defraud and deprive him of any damages and costs to be recov- 
 
Appendix. 217 
 
 ered in the said action while the same was so pending as afore- 
 said, and immediately before the same came on for trial as 
 aforesaid, and in anticipation of the said verdict, to wit, on the 
 day and year last aforesaid, at the parish last aforesaid, in the 
 county aforesaidj did devise, contrive and prepare, and cause 
 to be prepared, a certain feigned, covinous and fraudulent alien- 
 ation and conveyance whereby tlie said "W. S. expressed and 
 declared to appoint and grant to the said S. E. the lands, tene- 
 ments and hereditaments aforesaid, to hold to him, the said 
 S. E., and his heirs for ever. 
 
 That the said W. S. and S. E., wickedly and fraudulently 
 devising, contriving and intending as aforesaid, on the day and 
 year aforesaid, at the parish aforesaid, in the county aforesaid, 
 unlawfully, knowingly, willfully, fraudulently covinousljr and 
 injuriously did execute and become parties to the said aliena- 
 tionand conveyance, and then and there wittingly and willfully 
 did put in ure, avow, maintain, justify and defend the said 
 alienation and conveyance as true, simple and done and made 
 hona fide and upon good consideration, and as a conveyance 
 and alienation whereby the said "W". S. had really and iona 
 fide appointed and granted to the said S. E. the lands, 
 tenements and hereditaments aforesaid, to hold to him the said 
 S. E. and his heirs forever; whereas, in truth f and in fact, 
 the said alienation and conveyance was not nor is it hona fide ; 
 and, whereas, the truth was and is, that the same was so 
 devised, contrived and executed as aforesaid, of malice, fraud, 
 collusion and guile, and to the end, purpose and intent to 
 delay and hinder the said T. C. M.of and in his said just and 
 lawful action and the said damages by re"ason of the premises ; to 
 the great let and hindrance of the due course and execution of 
 law and justice, to the great injury of the said T. C. M., against 
 the form of the statute in such case made and provided, and 
 against the peace of our said lady the Queen, her crown and 
 dignity. 
 
 ■Second count, as in the first count to the asterisk (*), and con- 
 tinue thus : 
 
 That the said W. S. and S. E., devising and wickedly intend- 
 ing and contriving to injure, prejudice and aggrieve the said 
 T. 0. M., and to defraud and deprive him of any damages and 
 28 
 
218 Appendix. 
 
 costs to be recovtered in the said action while the same was so 
 pending as aforesaid, and immediately ^before the same came 
 on for trial as aforesaid, and in anticipation of the said verdict, 
 to wit, on the day and year last aforesaid, at the parish of 
 Wandsworth, in the county aforesaid, did devise, contrive and 
 prepare and cause to be prepared, a fraudulent alienation and 
 conveyance of the lands, tenements and hereditaments aforesaid; 
 that the said W. S. and S. E. wickedly and fraudulently devis- 
 ing, contriving and intending as aforesaid, on the day and 
 year aforesaid, at the parish last aforesaid, in the county afore- 
 said, unlawfully, knowingly, willfully, fradulently, covinously 
 and injuriously did execute and became parties to the said 
 alienation and conveyance, and then and there wittingly and 
 willingly did put in ure, avow, maintain, justify and defend 
 the same alienation and conveyance, as ti'ue, simple and done 
 and made hona fide, and upon good consideration, and as a 
 conveyance and alienation, whereby the said W. S. had really 
 and hojiafide aliened and conveyed to the said S. E. the lands, 
 tenements and hereditaments aforesaid, to hold to him, the 
 said S. E., and his heirs forever ; whereas, in truth, etc., as in 
 first cmmt from the dagger (f). 
 
 Third count, as in the fi/rst count to the asterisk (*). 
 
 That during the pendency of the said action and in anticipation 
 of the said verdict, to wit, on the day and year last aforesaid, a 
 certain feigned, covinous and fraudulent alienation and convey- 
 ance had been devised, contrived, prepared and executed by and 
 between the said "W. S. and the said S. E., whereby the said 
 "W. S. was expressed and declared to appoint and grant and 
 make over to the said S. E. the lands, tenements and heredita- 
 ments aforesaid to the said S. E. and his heirs forever ; that 
 the said W. S. and S. E., wickedly devising, contriving and 
 intending to injure, prejudice and aggrieve him, and to deprive 
 him of the said damages and costs in the said action so found 
 as aforesaid, afterward, to wit, on the 26th day of April, in the 
 year of our Lord 1851, at the parish of Wandsworth, in the 
 county aforesaid, unlawfully, wittingly and willingly did put 
 in ure, avow, maintain, justify and defend the same alienation 
 and conveyance, as true, simple and done and made hona fide 
 
Appendix. 219 
 
 and upon good consideration, and as a conveyance a,nd aliena- 
 tion, whereby the said "W. S. had really and 'bona fide appointed, 
 granted and made over to the said S. E., the lands, tenements 
 and hereditaments aforesaid, to hold to him, the said S. E., and 
 his heirs forever, whereas in truth and in fact (etc., as m last 
 count at end). 
 
 Fourth count, as in tliefi/rst count to the asterisk (*). 
 
 That during the pending of the said action and in anticipa- 
 tion of the said verdict, to wit, on the day and year last afore- 
 said, a certain feigned, covinous and fraudulent alienation and 
 conveyance had been devised, contrived, prepared and executed 
 by and between the said W. S. and the said S. E. of the lands, 
 tenements and hereditaments aforesaid to the said S. E. and his 
 heirs forever ; that the said "W. S. and S. E. wickedly devising, 
 contriving and intending to injure, prejudice and aggrieve the 
 said T. C. M., and defraud and deprive hini of the said dam- 
 ages and costs in the said action so found as aforesaid, after- 
 ward, to wit, on the twenty-sixth day of April, in the year of 
 our Lord 1851, at the parish of Wandsworth aforesaid, in the 
 county aforesaid, unlawfully, wittingly and willingly did put 
 in ure, avow, maintain, justify and defend the same alienation 
 and conveyance, as true, simple and done and made bona fido 
 and upon good consideration, and as a conveyance and aliena- 
 tion whereby the said "W". S. had really and bona fide granted, 
 bargained, aliened, released, conveyed and made over to the 
 said S. E. the lands, tenements and hereditaments aforesaid, to 
 hold to him the said S. E. and his heirs forever, etc. 
 
 Fifth count. 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that the said "W. S. and the said S. E. and divers 
 evil-disposed persons wickedly intending to injure the said 
 T. C. M. on the twenty-eighth day of March, in the year of our 
 Lord 1851, with force and arms, at the parish of "Wandsworth, 
 in the county aforesaid, did amongst themselves conspire, com- 
 bine, confederate and agree together fraudulently, maliciously 
 and covinously to delay, hinder and defraud the said T. 0. M. 
 of all such damages which he might thereafter recover against 
 
220 Appendix. 
 
 the said "W. S. in a certain action which was then pending in 
 the court of our said lady the Queen, before the Queen herself, 
 wherein the said T. C. M. was plaintiff and the said W. S. was 
 defendant, to the evil example of all others in the like case 
 offending ; against the peace of our said lady the Queen, her 
 crown and dignity. 
 
 Sixth count. 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that the said "W. S. and the said S. E., and divers 
 evil-disposed persons, wickedly intending to injure the said 
 T. C. M., on the twenty-eighth day of March, in the year of 
 our Lord 1851, with force and arms, at the parish of "Wands- 
 worth, in the county aforesaid, did amongst themselves con- 
 spire, combine, confederate, and agree together, fraudulently, 
 maliciously, and covinously to delay, hinder, and defraud the 
 creditors of the said "W. S., to the evil example of all others 
 in the like case o'ffending ; against the peace of our lady the 
 Queen, her crown and dignity. 
 
 Seventh count. 
 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that the said "W. S. and the said S. E., and divers 
 evil-disposed persons, wickedly intending to injure the said 
 T, C. M., on the twenty-eighth day of March, in the year of 
 our Lord 1851, with force and arms, at the parish of Wands- 
 worth, in the county aforesaid, did amongst themselves conspire, 
 combine, confederate, and agree together, fraudulently, mali- 
 ciously and covinously to cheat and defraud the said T. C. M. 
 of the fruita, and of all benefit and advantages of any execu- 
 tion or execution which might thereafter lawfully issue or cause 
 to be issued against the lands or tenements of the said "W". S., 
 to the evil example of all others in the like case offending ; 
 against the peace of our lady the Queen, her crovni and 
 dignity. 
 
 Eighth count. 
 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that the said "W. S. and the said S. E., and divers 
 evil disposed persons, wickedly intending to injure the said 
 T. 0. M., on the twenty-eighth day of March, in the year of 
 
, Appendix. 221 
 
 our Lord 1861, with force and arms, at the parish of Wands- 
 worth, in the county aforesaid, did amongst themselves con- 
 spire, combine, confederate and agree together, fraudulently, 
 maliciously and covinously to cheat, injure, impoverish, preju- 
 dice and defraud the said T. C. M., to the evil example of all 
 others in the like case offending, etc. 
 
 Ninth count. 
 And the jurors aforesaid, upon their oath aforesaid, do fur- 
 ther present, that heretofore and before, and at the time of the 
 commission of the offense hereinafter next mentioned, to wit, on 
 the twenty-eighth day of March, in the year of our Lord 1851, 
 a certain action on the case was pending between the said 
 "W. S. and the said T. C. M., to wit, in her Majesty's Court of 
 Queen's Bench, at Westminster, whereby the said T. C. M. 
 sought to recover from the said W. S. damages for certain 
 nuisances and injurious acts, matters and things alleged to, 
 have been done and committed to the injury of the said T. C. 
 M. ; that the said W. S. and S. E., and divers evil-disposed 
 persons, while the said action was so pending as aforesaid, to 
 wit, on the day and year aforesaid, at the parish last aforesaid,, 
 in the county aforesaid, unlawfully and wickedly did conspire,, 
 combine, confederate, and agi-ee together, by divers unlawful,, 
 false, fraudulent, and indirect ways, means, devises, stratagems, 
 and contrivances, to impede, hinder, prevent and delay the. 
 said T. C. M. in the said action, and in the prosecution thereof,, 
 and in the recovery of damages for the nuisances and injurious 
 acts, matters and things aforesaid, to the great injury of the. 
 said T. C. M., against the form of the statute, in such case 
 made and provided, and against the peace of our said lady 
 the Queen, her crown and dignity. 
 
 Locke (for the defense) moved, after verdict, in arrest of 
 judgment, on the ground that no proceeding by indictment 
 was contemplated by the statute. The third section was in 
 these words : (he cited the section at length. See No. 8, infra.) 
 The offense, if any, of which the defendants have been guilty, 
 , is entirely created by this statute, and the section, after stating 
 what the offense is, declares that, for committing it, the offender 
 
222 Appendix. 
 
 shall incur a penalty or forfeiture of one year's value, to be 
 recovered by action. There is no mention whatever of indict- 
 ment, but there is a reference to a civil proceeding. The rule 
 with respect to the mode of proceeding where new offenses are 
 created by statute- is laid down in Kussell on Crimes, p. 50, as 
 follows : {he cited the passage. See JVo. 9, infra.) There is 
 another objection to the indictment, that it only states generally 
 that this deed was fraudulent, not stating why or in what 
 respect it was so. Tn re Peck, 9 A. & E. 686, it was held 
 that a count charging that the defendant unlawfully conspired 
 to defraud divers persons who should bargain with them for 
 the sale of merchandise, of great quantities of such merchan- 
 dise without ■ paying for the same, with intent to obtain to 
 themselves money and other profit, was bad for not showing 
 by what means the parties were to be defrauded. 
 
 Matjle, J. — As to the ^st point, that the section of the 
 act does not speak of indictment: I think it clear that that 
 proceeding is the proper one. The section mentions the offense, 
 and then .with reference to the punishment declares that the 
 " offender being thereof convicted, shall suffer imprisonment 
 for one-half year." That must mean " being convicted thereof" 
 before some competent tribunal. If the statute had pointed 
 out some other means, for instance, on conviction before a 
 justice of the peace on a summary hearing, it would probably 
 have restricted proceedings to that particular course. It is true 
 that the statute does mention a-eiv^il action, but that has 
 nothing to do with the half year's imprisonment, but merely 
 has reference to the recovery of damages by action, in any of 
 the courts at "Westminster. It surely never could be con- 
 tended, that the statute means that when such court shall give 
 judgment for damages it would proceed to award to defendant 
 the punishment of half year's imprisonment. The humanity 
 of our law has established a clear distinction between civil and 
 criminal proceedings, and this statute cannot be supposed to 
 sanction so anomalous a course as that. It is plain that, by 
 some means or another, imprisonment is to be awarded after a 
 proper conviction before a recognized tribunal. How then can 
 that be done otherwise than by indictment ? 
 
Appendix. 223 
 
 Locke submitted, that, at all events, it was intended that no 
 criminal proceeding should be resorted to until after recovery 
 of damages in a civil action ; the words " and also " near end 
 of section, seemed to point to such a conclusion. 
 
 Maxtle, J. — I do not think so; these words do not neces- 
 sarily so restrict the procedure, and there seems to be no reason 
 then why it should be so restricted. Then as to the second point. 
 The case cited is one where persons were said to have conspired 
 
 • to do a thing not necessarily unlawful in itself, such as for 
 instance : preventing a person from having execution of a judg- 
 ment. There is nothing unlawful in that, it is precisely what 
 counsel is now doing, seeking to prevent the operation of a 
 judgment by arresting it. In this present case the very words 
 of the statute are adopted. What is charged, therefore, is 
 necessarily unlawful, for the statute has made it so. 
 
 Judgment for the Crown. 
 
 Note. — The above indictment was drawn after great consideration by the 
 Deputy Clerk of Assize on the Home Circuit, and is believed to be the only 
 
 • instance of an attempt to make this section the basis of a criminal prosecu- 
 tion, a fact very singular, considering the extensive nature of its operation. 
 The facts appear fully enough in the indictment itself. 
 
 No. 6. Plea of autrefois acquit. 
 
 This plea, drawn by the learned Mr. Kingdon, is in Hegina 
 V. Bird, 6 Cox C. C. 12, to the indictment in that case, which 
 indictment is for murder by inter alia, a series of beatings, and 
 has six counts. 
 
 And the said Eobert Courtice Bird, and the said Sarah, the 
 said wife of the said Robert Courtice Bird, in their own proper 
 persons, now come into court here, and having heard the said 
 indictment read and the matters therein contained, say that 
 they ought not to be put to answer the said indictment, they 
 having been heretofore, in due manner of law, acquitted of the 
 premises in and by the said indictment above specified and 
 charged upon them ; and for plea to the said indictment they 
 say, that the said Commonwealth ought not further to prose- 
 cute the said indictment against them, because they say that 
 heretofore, to wit, at the {hsre set forth the caption of the court 
 verbatim), the said Eobert Courtice Bird and the said Sarah, 
 
224 Appendix. 
 
 the said wife of tlie said Kotert Courtiee Bird, stood indicted, 
 and were duly arraigned upon a certain indictment, whicli 
 charged the said Robert Courtice Bird and the said Sarah, the 
 said wife of the said Eobert Courtice Bird, by the name and 
 description of Eobert Courtice Bird, late of the parish of Buck- 
 land Brewer, in the county of Devon, laborer, and Sarah, the 
 wife of the said Eobert Courtice Bird, late of the same parisli, 
 for that the said Eobert Courtice Bird and the said Sarah, the 
 said wife of the said Eobert Courtice Bird, etc. {setting out 
 the indictment in full) ; and the said Eobert Courtice Bird, 
 and the said Sarah, the said wife of the said Eobert Courtice 
 Bird, further say, tliat the said felony and murder so charged 
 upon them in the said last mentioned indictment as aforesaid, 
 included divers assaults therein supposed and alleged to have 
 been made and committed by the said Eobert Courtice Bird, 
 and the said Sarah, the wife of the said Eobert Courtice Bird, 
 against the person of the said Mary Ann Parsons in the said 
 indictment named; and the said Eobert Courtice Bird, and 
 the said Sarah, the wife of the said Eobert Courtice Bird, 
 further say, that they did then and there respectively plead not 
 guilty to the said last mentioned indictment, and that they 
 were thereupon then and there, in due form of law, respectively 
 tried upon the said last mentioned indictment, by a jury of the 
 said county, then and there in due form of law summoned, 
 impaneled, and sworn to speak the truth of, and concerning 
 the premises in the said last mentioned indictment mentioned, 
 and to try the said issues so joined between our sovereign lady 
 the Queen, and the said Eobert Courtice Bird, and the said 
 Sarah, the said wife of the said Eobert Courtice Bird, respec- 
 tively as aforesaid, and which said jury, upon their oaths did 
 then and there say, that the said Eobert Courtice Bird, and the 
 said Sarah, the said wife of the said Eobert Courtice Bird, 
 respectively, were not guilty of the premises in the said last 
 mentioned indictment specified and charged on them respec- 
 tively as aforesaid, as the said Eobert Courtice Bird, and the 
 said Sarah, the said wife of the said Eobert Courtice Bird, by 
 their pleas to the said last mentioned indictment respectively 
 alleged, whereupon it was then and there considered, by the 
 said last mentioned court, that the said Eobert Coiirtice Bird, 
 
Appendix. 225 
 
 and the said Sarah, the said wife of the said Kobert Courtice 
 Bird, of the premises aforesaid, in the said last mentioned 
 indictment, specified and charged on them respectively as afore- 
 said, should be discharged and go acquitted thereof -without 
 day, as by the record of the said proceeding now here appears ; 
 and the said Eobert Courtice Bird and the said Sarah, the gaid 
 wife of the said Kobert Courtice Bird, further say, that the said 
 Eobert Courtice Bird, and the said Sarah, the said wife of the 
 said Eobert Courtice Bird, now here pleading, and the said 
 Eobert Courtice Bird, and the said Sarah, the said wife of the 
 said Eobert Courtice Bird, in the indictment aforesaid named, 
 and thereof acqiiitted as aforesaid, are respectively the same 
 identical persons respectively, and not other or different per- 
 sons respectively, and that the said Mary Ann Parsons, in the 
 said last mentioned indictment named, is the same identical 
 Mary Ann Parsons as is named in the indictment to which the 
 said Eobert Courtice Bird, and the said Sarah, the said wife of 
 the said Eobert Courtice Bird, are now here pleading ; and that 
 the said assaults so included in the said felony, and murder so 
 charged upon the said Eobert Courtice Bird, and the said 
 Sarah, the said wife of the said Eobert Courtice Bird, are now 
 here pleading ; and that the said assaults so included in the 
 said felony and murder so chai'ged upon them, the said Eobert 
 Courtice Bird, and the said Sarah, the said wife of the said 
 Eobert Courtice Bird, in the said indictment in this plea men- 
 tioned in this behalf, and therein supposed and alleged to have 
 been made and committed by them against the person of the 
 said Mary Ann Parsons as aforesaid, are the same identical 
 assaults, beatings, .ill-treatings and woundings respectively, as 
 in the said indictment to which the said Eobert Courtice Bird, 
 and the said Sarah, the said wife of the said Eobert Courtice 
 Bird are now here pleading, are respectively supposed and 
 alleged to have been made, done, given, and committed respec- 
 tively, by the said Eobert Courtice Bird, and the said Sarah,, 
 the said wife of the said Eobert Courtice Bird, respectively, 
 and not other or different ; wherefore they pray judgment of 
 the court here, whether the said Commonwealth will or ought 
 further to prosecute, impeach, or charge them, on account of 
 the premises in the said indictment, to which they are now 
 29 
 
22G Appendix. 
 
 here pleading, contained and specified, and whetlier they ought 
 to answer thereto respectively, and that they may be dismissed 
 this court without delay. 
 
 The indictment under which the foregoing plea was framed, is one of great 
 value, and not easily gotten in America. The above plea is incomplete with- 
 out it, it is therefore here inserted as No. 7, as follows : 
 
 No. 1. Indictment for murder by inter alia, a series of heatings. 
 {Regina v. Bird, 5 Cox C. C. 1, also 1 Temple and 1 Moo. C. 
 C. 438, note, and 2 Eng. L. and Eq. 428.) 
 
 The jurors, etc., upon their oath present, that Kobert Courtice 
 Bird, late of the parish of Buckland Brewer, in the county of 
 Devon, laborer, and Sarah, the wife of the said Robert Courtice 
 Bird, late of the same parish, on the fifth day of J^Tovember, in the 
 year of our Lord , with force and arms, at the parish afore- 
 said, in the county aforesaid, in and upon one Mary Ann Par- 
 sons, unlawfully, feloniously, willfully, and of their malice afore- 
 thought, did make an assault, and that the said Bobert Courtice 
 Bird and Sarah his wife, with a certain stick, the said Mary 
 Ann Parsons in and upon the head, chest, shoulders, back, 
 arms, legs and thighs of the said Mary Ann Parsons, then and 
 there feloniously, willfully, and of their malice aforethought, 
 did strike and beat the said Kobert Courtice Bird and Sarah 
 his wife, giving to the said Mary Ann Parsons then and there, 
 thereby, to wit, with the stick aforesaid, in and upon the head, 
 chest, shoulders, back, arms, legs and thighs of the said Mary 
 Ann Parsons divers mortal bruises, of which said mortal 
 bruises the said Mary Ann Parsons, from the said fifth day of 
 November, in the year aforesaid, until the fourth day of Jan- 
 nary, in the year of our Lord , at the parish aforesaid, in 
 
 the county aforesaid, did languish, and languishing did live, on 
 which said fourth day of January, in the year last aforesaid, 
 the said Mary Ann Parsons at the parish aforesaid, in the 
 county aforesaid, of the said mortal bruises died ; and so the 
 jurors aforesaid, upon their oath aforesaid, do say tliat the said 
 Bobert Courtice Bird and Sarah his wife, the said Mary Ann 
 Parsons, in manner and form aforesaid, feloniously, willfully, 
 unlawfully and of their malice aforethought, did kill and mur- 
 der; against, etc. 
 
Appendix. 227 
 
 Second count. — And the jurors aforesaid, upon their oath 
 aforesaid, do further present, that the said Robert Gourtice 
 Bird, late of the parish of Buckland Brewer, in the county of 
 Devon, and Sarah his wife, late of the same parish, on the fifth 
 
 day of November, in the year of our Lord , and on divers 
 
 other days and times between that day and the third day of 
 
 January, in the year of our Lord , to wit, on the first day 
 
 of December, in the year of our Lord , and the first day 
 
 of January, in the year of our Lord , respectively, with 
 
 force and arms, at the parish aforesaid, in the county aforesaid, 
 in and upon one Mary Ann Parsons, feloniously, willfully and 
 of their malice aforethought, did make divers, to wit, ten 
 assaults ; and that the said Robert Gourtice Bird and Sarah 
 his wife, with a certain stick, the said Mary Ann Parsons, in 
 and upon the head, chest, shoulders, arms, legs and thighs of 
 the said Mary Ann Parsons, then and there, to wit, at the sev- 
 eral times aforesaid, at the parish aforesaid, in the county 
 aforesaid, feloniously, willfully, wickedly and of their malice 
 aforethought, did strike and beat, the said Robert Gourtice 
 Bird and Sarah his wife, to the said Mary Ann Parsons then 
 and there, thereby, to wit, with the said stick, at the several 
 times aforesaid, at the parish aforesaid, in the county aforesaid, 
 giving to the said Mary Ann Parsons in and npon the head, 
 chest, shoulders, arms, legs and thighs of the said Mary Ann 
 Parsons, divers, to wit, ten mortal bruises, of which said mor- 
 tal bruises the said Mary Ann Parsons, from the said fifth day 
 of November, in the year aforesaid, and the several other days 
 aforesaid, until the fourth day of January, in the year of our 
 
 Lord , at the parish aforesaid, in the county aforesaid, did 
 
 languish, and languishing did live, on which said fourth day of 
 January, in the year last aforesaid, the said Mary Ann Parsons, 
 at the parish aforesaid, in the county aforesaid, of the said 
 mortal bruises died ; and so the jurors afoi-esaid, on their oath 
 aforesaid, do say, that the said Robert Gourtice Bird and Sarah 
 his wife, the said Mary Ann Parsons, in manner and form 
 aforesaid, feloniously, willfully and of their malice aforethought, 
 did kill and murder ; against the peace, etc. 
 
 Third count. — And tlie jurors aforesaid, upon their oath 
 aforesaid, do further present, that the eaid Robert Gourtice 
 
228 Appendix. 
 
 Bird and Sarah his wife, on the fifth day of N'ovember, in the 
 
 year of our Lord , and on divers other days and times 
 
 between that day and the third day of January, in the year of 
 
 our Lord , * to wit, on the first day of December, in the 
 
 year of our Lord , and the first day of January, in the 
 
 year of our Lord , respectively, with force and arms, at 
 
 the parish aforesaid, in the county aforesaid, in and upon one 
 "Mary Ann Parsons, feloniously, willfully and of their malice 
 aforethought, did make divers, to wit, ten assaults ; and that 
 the said Robert Courtice Bird with a certain stick, and the said 
 Sarah, the wife of the said Robert Courtice Bird, with a certain 
 other stick, the said Mary Ann Parsons in and upon the head, 
 chest, shoulders, arms, legs and thighs of the said Mary Ann 
 Parsons then and there, to wit, at the several times aforesaid, 
 at the parish aforesaid, and county aforesaid, feloniously, will- 
 fully and of their malice aforethought, did respectively strike 
 and beat, the said Robert Courtice Bii'd, and Sarah, his wife, 
 respectively, to the said Mary Ann Parsons then and there, 
 thereby, to wit, at the several times aforesaid, at the parish 
 aforesaid, in the county aforesaid, giving with this, that they 
 respectively then and thereby gave to the said Mary Ann 
 Parsons in and upon the head, chest, shoulders, arms, legs and 
 thighs of the said Mary Ann Parsons, divers, to wit, ten mor- 
 tal bruises, of which said mortal bruises the said Mary Ann 
 Parsons, from the said fifth day of November, in the year 
 of ojir Lord aforesaid, and the several other days aforesaid, 
 
 until the fourth day of January, in the year of our Lord , 
 
 at the parish aforesaid, in the county afwesaid, did languish, 
 and languishing did live, on which said fourth day of January, 
 in the year last aforesaid, the said Mary Ann Parsons, at the 
 parish aforesaid, and county aforesaid, of the said mortal 
 bruises so given as aforesaid,, died ; and so the jurors afore- 
 said, upon their oath aforesaid, do say, that the said Robert 
 Courtice Bird and Sarah his w^ife, the said Mary Ann Parsons, 
 in manner and form aforesaid, by the means aforesaid, feloni- 
 ously, willfully and of their malice aforethought, did kill and 
 murder; against the peace, etc. 
 
 Ecmvih count. — ( Use third count to * and go on thus :) with 
 fQy.oe,^nd anns, at the parish aforesaid, in the cototy aforesaid, 
 
Appendix. 229 
 
 in and npon the said Mary Ann Parsons, feloniously, willfully 
 and of their malice aforethought, did make divers assaults ; 
 and that the said Eobert Courtiee Bird and Sarah his wife, 
 with a certain scourge, to wit, a scourge made of certain leather 
 thongs, to a certain stick affixed, the said Mary Ann Parsons 
 in and iipon the head, chest, shoulders, back, arms, legs and 
 thighs of the said Mary Ann Parsons, then and there feloni- 
 ously, willfully, and of their malice aforethought, did strike 
 and beat, the said Eobert Courtiee Bird, and Sarah his wife, 
 giving to the said Mary Ann Parsons, then and there, thereby, 
 to wit, with the scourge aforesaid, at the several times afore- 
 said, at the parish aforesaid, in the county aforesaid, in and 
 upon the head, chest, shoulders, back, arms, legs and thiglis of 
 the said Mary Ann Parsons, divers mortal bruises, of which 
 said mortal bruises the said Mary Ann Parsons, from the said 
 fifth day of November, and the said other days and times, until 
 
 the said fourth day of January, in the year of our Lord , 
 
 aforesaid, at the parish aforesaid, in the county aforesaid, did 
 languish, and languishing did live, on which said fourth day 
 of January, in the year last aforesaid, the said Mary Ann Par- 
 sons, at the parish aforesaid, in the county aforesaid, of the said 
 several mortal bruises died. And so the jurors aforesaid, upon 
 their oath aforesaid, do say, that the said Robert Courtiee Bird, 
 and Sarah his wife, the said Mary Ann Parsons, in manner and 
 form aforesaid, by the means aforesaid, feloniously, willfully, 
 and of their malice aforethought, did kill and murder ; against, 
 the peace, etc. 
 
 Fifth count. — And the jurors aforesaid, upon their oath 
 aforesaid, do further present, that the said Eobert Courtiee 
 Bird and Sarah his wife, on the first day of January, in the 
 year of our' Lord , with force and arms, at the parish afore- 
 said, in the county aforesaid, in and upon the said Mary Ann 
 Parsons feloniously, willfully, and of their malice aforethought, 
 did make an assault ; and that the said Eobert Courtiee Bird, 
 with both his hands, * and the said Sarah Bird, with both her 
 hands, the said Mary Ann Parsons to and against the ground; 
 then and there feloniously, willfully, and of their malice afore- 
 thought, did cast and throw, by which said casting and throw- 
 ing the said Mary Ann Parsons to and against the ground, the 
 
230 Appendix. 
 
 said Robert Courtice Bird and Sarali Bird then and there gave 
 the said Mary Ann Parsons divers mortal bruises in and upon 
 the head, stomach, sides and back of the said Mary Ann Par- 
 sons, of which said mortal bruises the said Mary Ann Parsons, 
 
 from the said first day of January, in the year of our Lord , 
 
 to wit, then and there, at the parish aforesaid, in the county 
 aforesaid, did languish, and languishing did live, on which 
 said fourth day of January, in the year last aforesaid, the said 
 Mary Ana Parsons, at the parish aforesaid, in the county afore- 
 said, of the said mortal bruises died. And so the jurors afore- 
 said, upon their oath aforesaid, do say, that the said Robert 
 Courtice Bird and Sarah his wife, the said Mary Ann Parsons, 
 in manner and form aforesaid, by the means aforesaid, feloni- 
 ously, willfully, and of their malice aforethought did kill and 
 murder ; against the peace, etc. 
 
 Sixth count. — ( Use fifth count to *, and go on thus :) and 
 the said Sarah, the wife of the said Robert Courtice Bird, then 
 and there, with both her hands, the said Mary Ann Parsons 
 to and against the ground then and there feloniously, willfully, 
 and of their malice aforethought, respectively, did then and 
 there cast and throw, and that the said Robert Courtice Bird 
 then and there, with both the feet of the said Robert Courtice 
 Bird, and the said Sarah, the wife of the said Robert Cour- 
 tice Bird, then and there, with both the feet of the said Sarah, 
 while the said Mary Ann Parsons being so then and there cast 
 and thrown to and against the ground, then was then and there 
 upon the ground, the said Mary Ann Parsons, then and there 
 feloniously, willfully, and of their malice aforethought, did 
 respectively then and there strike, beat and kick, the said Rob- 
 ert Courtice Bird, and Sarah his wife, then and there respect- 
 ively, as well by the casting and throwing of the said Mary Ann 
 Parsons to the ground as aforesaid, as also by the striking, 
 beating and kicking the said Mary Ann Parsons in and upon 
 the head, stomach, back and sides of the said Mary Ann Par- 
 sons, in manner and form aforesaid, while on the ground as 
 aforesaid, then and there thereby giving to the said Mary Ann 
 Parsons divers, to wit, twenty mortal bruises in and upon the 
 head, stomach, back and sides of the said Mary Ann Parsons, 
 of which said mortal bruises so caused as aforesaid, the said 
 
Appendix. ' 231 
 
 Mary Ann Parsons, from the said first day of January, in the 
 
 year of our Lord , until the fourth day of January, in the 
 
 year of our Lord , then and there, to wit, at the parish 
 
 aforesaid, in the county aforesaid, did languish, and langiiish- 
 ing did live, on which said fourth day, of January, in the year 
 last aforesaid, the said Mary Ann Parsons, at the parish and in 
 the county aforesaid, of the said mortal bruises so given as 
 aforesaid, died. And so the jurors aforesaid, upon their oath 
 aforesaid, do say, that the said Eobert Courtice Bird and Sarah 
 his wife, the said Mary Ann Parsons, in manner and form 
 aforesaid, by the means aforesaid, feloniously, willfully and of 
 their malice aforethought, did kill and murder; against the 
 peace, etc. 
 
 No. 8. Section 3, chapter 5, Statute 13 Eliz., omitted in No. 5 
 above. 
 
 " That all and every the parties to such feigned, covinous or 
 frudulent feoifment, gift, grant, alienation, bargain, convey- 
 ance, bonds, suits, judgments, executions, and other things 
 before expressed, and being privy and knowing of the same or 
 any of them, which at any time after the tenth day of June 
 next coming, shall wittingly and willingly put in use, avow, 
 maintain, justify or defend the same or any of them, as true, 
 simple, and done, had, or made hona fide, and upon good con- 
 sideration ; or shall alien or assign any of the lands, tenements, 
 goods, leases, or other things before mentioned, to him or them 
 conveyed as is aforesaid, or any part thereof, shall ineui* the 
 penalty or forfeiture of one year's value of the said lands, ten- 
 ements and hereditaments, leases, rents, commons, or other 
 profits, of or out of the same, and the whole value of the said 
 goods and chattels, and also of so much moneys as are or shall 
 be contained in any such covinous and feigned bond, the one 
 moiety whereof to be to the Queen's Majesty, her heirs and 
 successors, and the other moiety to the party or parties grieved 
 by such feigned and fraudulent feoffment, gift, grant, aliena- 
 tion, bargain, conveyance, bonds, suits, judgments, executions, 
 leases, jents, commons, profits, charges, and other things afore- 
 said, to be recovered in any of the Queen's courts of record by 
 
232 ■ Appendix. 
 
 action of debt, bill, plaint, or information, wherein no essoin, 
 protection or wager of law shall be admitted to the defendant 
 or defendants, and also being thereof lawfully convicted, shall 
 sufl'er imprisonment for one half year, without bail or main- 
 prize," 
 
 No. 9. Citation from Mussell on Crimes, p. 50, by Mr. Locke, 
 in Regina v. Smith, above given, No. 5, and there omitted. 
 
 " Where an offense was punishable by a common law pro- 
 ceeding before the passing of a statute which prescribes a 
 particular remedy by a summary proceeding, then either 
 method may be pursued, as the particular remedy is cumu- 
 lative, and does not exclude the common law punishment. 
 But where a statute creates a new offense by prohibiting and 
 making unlawful what was lawful before, and appoints a par- 
 ticular remedy against such new offense by a particular sanction 
 and particular method of proceeding, such method must be 
 pursued and no other. The mention of other methods of pro- 
 ceeding impliedly excludes that by indictment, unless such 
 methods are given by a separate and substantive clause." 
 
 No. 10. Indictment for threatening to accuse of an infam,ous 
 crime. {Regina v. Tiddeman, 4 Cox C. C. SS'T.) 
 
 The jurors upon their oath present, that H. T., late of B., in 
 the county of M., and within the jurisdiction of the Central 
 Criminal Court, laborer ; W. L., late of the same place, laborer ; 
 J. B., late of the same place, -laborer; J. J. late of the same 
 place, laborer, otherwise called John Joyce, and J. S., late of 
 the same place, laborer ; ^n the second day of March, in the 
 
 year of our Lord , at B. aforesaid, in the county aforesaid, 
 
 and within the jurisdiction of the said court, feloniously did 
 threaten one S. W., to accuse the said S. "W. of having com- 
 mitted the abominable crime of buggery with the said H. T., 
 with a view and with the intent in so doing then and there and 
 thereby to extort and gain from the said S. "W. a certain val- 
 uable security for the payment of money, to wit, a security for 
 the payment of the sum of fifty dollars ; contrary, etc., and 
 against, etc. 
 
Appendix. 233 
 
 Second count. — Alleged that the prisoners feloniously did 
 accuse the said S. W. of having committed the abominable 
 crime, etc., with the said II. T. 
 
 Third count. — That they feloniously did threaten the said 
 S. W., to accuse the said S. W. of having attempted and 
 endeavored to commit the abominable crime, etc., with the 
 said H. T. 
 
 Fourth count. — That they did accuse the said S. "W. of 
 having attempted and endeavored to commit the abominable 
 crime of buggery with the said H. T. 
 
 Fifth count. — That they feloniously did threaten the said 
 S. W., to accuse the said S. W. of a certain infamous crime, 
 that is to say, of having made to the said H. T., a certain 
 'solicitation, whereby to move and induce the said H. T., to 
 commit with the said S. W., the abominable crime, etc. 
 
 Sixth count. — That they did accuse the said S. "W"., of a 
 certain infamous crime, that is to say, of having made to the 
 said H. T., a certain solicitation, whereby to move and induce 
 the said H. T., to commit with the said S. W., the abominable 
 crime, etc. 
 
 S&oenth count. — That they did threaten the said S. W., to 
 accuse the said S. "W., of having committed the abominable 
 crime, etc. ' 
 
 Eighth count. — That they did accuse the said S. "W., of 
 having committed the abominable crime, etc. 
 
 Ninth count. — That they did threaten the said S. "W., to 
 accuse the said S. "W., of liaving attempted and endeavored to 
 commit the abominable crime, etc. 
 
 Tenth count. — That they did accuse the said S. W., of 
 having attempted and endeavored to commit the abominable 
 crime, etc. 
 
 Eleventh count. — That they did threaten one S. "W. to accuse 
 the said S. W. of having committed the abominable crime, etc., 
 with the said H. T., with a view and intent thereby to extort 
 money from the said S. W. 
 
 (There were nine other counts, only varying from the first 
 ten as the eleventh did in alleging the intent to be to extctrt 
 
 money.) 
 
 30 
 
234 Appendix. 
 
 There Avas no allegation in any count as to whose property 
 the security or the money was. 
 
 Note. — In this case it was contended in arrest of judgment, that the 
 indictment was defective for not alleging, that the security sought to he 
 obtained was the property of the prosecutor. The court, Platt, B., held, that 
 it was not necessary to aver to whom the security belonged. Bex v. Norton, 8 
 C. & P. 186, does not conflict ; that was under another statute, which required 
 that the party charged should obtain the thing sought. The indictment in_ 
 Regina v. Tiddeman, above given, is under 10 & 11 Vict. ch. 66, g 3, which 
 makes it an offense to accuse or threaten to accuse, etc., with a view to extort 
 or gain from such person any property, money or security ; the crime is com- 
 plete whether the property belongs to the party threatened or not. 
 
 The Illinois statute, section 111, Criminal Code, is similar to 10 & 11 Vict, 
 above cited, and meets this case of Regina Y. TiMtmwn; hence, the indict, 
 ment above applies to section 111, above. 
 
 No, 11. Practical suggestions on framing indictments, etc. 
 These are intended to present the technical phrases in 
 particular cases, and the technical words and phrases in the 
 statutes. The order of the Code is followed. 
 
 1. The word ^^feloniously " is essential in all indictments for 
 felonies. 
 
 2. The word " unlawfully," with the peculiar words in the 
 statute, are usually put in all indictments for misdemeanors. 
 
 §14. Accessories after the fact — "well knowing the said 
 to have done and committed the said felony, did after- 
 ward feloniously receive, comfort, harbor and maintain the 
 
 said ." 
 
 § 20. Treason — " maliciously and traitorously did." 
 § 21. Misprision of treason — "feloniously, unlawfully, mali- 
 ci'ously and traitorously did conceal and keep secret." 
 
 § 22. Murder — "feloniously of his malice aforethought." 
 §25. Manslaughter — omit "of his malice aforethought" 
 and the word " murder." 
 
 § 48. Eape — " against her will feloniously did ravisli " the 
 words " and carnally knew her " are usually added ; their 
 omission is not fatal, as " ravish " being used in the technical 
 phrase, " violently and feloniously did assault," are usual but 
 not necessary. 
 
Appendix. 235 
 
 § 60. Crime against nature. — In sodomy the word " bug- 
 gery " is essential, 
 
 § 58. Arson — "willfully,, maliciously and feloniously." 
 Under Law of 1869, p. 4, § 2, where it is sufficient of the 
 building he occupied to allege it as the property of the owner, 
 lessee or occupant, if unoccupied to allege the fact describing 
 the building in general terms. 
 
 § 60. Burglary — " feloniously and burglariously " did break 
 and enter, where force is used ; " did enter," where the door or 
 window was open. 
 
 § 61. Robbery. — The word " rob " is essential ; the assault 
 must be charged " feloniously." 
 
 ~ § 62. Larceny — '• feloniously did steal, take and carry away.". 
 The value must be stated, except in larceny in railroad cars, p. 
 79 ante, and frauds by railroad companies, pp. 93 and 94 ante, 
 which in several Circuit Courts held, not necessary to state. 
 
 § 63. Receiving stolen goods. — The guilty knowledge is the 
 gist of the oifense, and must be charged thus : " knowing the 
 same to have been stolen." 
 
 § 66. Emhezzlement. — The same words as in larceny, with 
 allegations of the fiduciary relation and the fraudulent con- 
 version. 
 
 § 73. Forgery — " forged " is enough ; " falsely " need not be 
 prefixed ; " intent to defraud " is necessary, 
 
 § 82. Perjury. — Show, 1. That the oath was taken in a judi- 
 cial proceeding. 2. Before a competent jurisdiction, 3. Was 
 material to the point in issue. 4. Was taken by the defendant. 
 5. Its willful falsehood to be negatived as to the affirmative 
 assertions, which is called assignments of perjury. Allege, 
 "falsely, knowingly, wickedly, willfully and corruptly, did 
 commit willful and corrupt perjury." 
 
 § 84. Bribery — " unlawfully, wickedly and corruptly did." 
 
 § 120. Libd — " of and concerning " are the technical words. 
 
 As to cTieats, "unlawfully, knowingly and designedly did 
 obtain," 
 
 In misdemeanors the language of the Code is the best to use. 
 
INDEX. 
 
 A. 
 
 Abatement. pagi. 
 
 Plea in, of misnomer of ohrlsUau name, 206 
 
 Bepllcatlon thereto, 203 
 
 * Abbreviations used, 4!) 
 
 Abduction. See Kidnaping. 
 
 Aboetion. 
 
 Indictment for administering poison to cause, etc 60 
 
 Same for attempt to procure by Instrument CO 
 
 Same for murder, in attempting to procure, etc., 61 
 
 Accessories. 
 
 Indictment against, before the fact, in murder, 43 
 
 Same against, after the fact, 43 
 
 Same against, after the fact 44 
 
 Accused stands on all his rights, 35 
 
 Act and intention unite in a crime 4 
 
 Adtjltebated Drink. 
 
 Indictment for selling, 176 
 
 Adulterated candles, 178 
 
 Indictment for, 178 
 
 Adultery. See Fornication. 
 
 Advertisement, legal. 
 
 Indictment for defacing, . 180 
 
 Advising Infant, lunatic or idiot, to commit crime, 
 
 Age of criminal, fourteen years, 5 
 
 Aiding prisoner to escape. 
 
 Indictment for, by conveying disguises, 182 
 
 Same for conveying tools, etc., 130 
 
 Altering mark or brand with intent, etc., 85 
 
 Indictment for branding a mare, etc:, 85 
 
 Same for altering a brand 85 
 
 Altering or removing land mark. 
 
 Indictment for removing land mark 88 
 
 Altering records, etc.. 
 
 Indictment for altering a record, 83 
 
 Appendix, : 211 
 
 Apprentice, sellingliquor to. 
 
 Indictment for harboring, etc., 305 
 
 Arraignment, what it is, 28 
 
 Arrest, officer refusing to make. 
 
 Indictment against constable for, 134 
 
 Of Judgment, and for new trial,; 37 
 
 Arson. 
 
 Indictment for, at common law, TO 
 
 Same, for burning a dwelling-house, 72 
 
 Same, another form for same, 72 
 
 Same, for burning a kitchen, 73 
 
238 Index. 
 
 XvaoTS—Caniinued. 
 
 Same, for burning a church, 73 
 
 Same, for burning a court-house 73 
 
 Same, for burning a boat, 73 
 
 Same, for burning a bridge, 73 
 
 Same, for attempt, in firing a dwelling-house, 74 
 
 Same, for burning an Insured dwelling 75 
 
 Same, for murder by ' 75 
 
 AssATjiiTS, aggravated. 
 
 Indictment for, with intent to bodily Injury 67 
 
 Same, for assault with a slung-shot 67 
 
 Assaults, with intent to felonies. 
 
 Indictment for, with intent to murder, 65 
 
 Same, with intent to rape 66 
 
 Same, with intent to rape to rape child underage Ij^ 
 
 Same, with intent to mayhem, 68 
 
 Same, with intent to robbery, 68 
 
 Same, with intent to larceny 66 
 
 AsSEMBLAQC, for disturbing the peace. ' 
 
 Indictment for refusing to disperse, 146 
 
 Same, for unlawful assemblage, 147 
 
 Attobney-Genekal, his olHce and duties 23 
 
 / 
 
 B. 
 
 Bail on indictment, how shown, 22 
 
 Bailee, larceny by.' 
 
 Indictment against, for larceny, 94 
 
 Bank Notes, issued contrary to law. 
 
 Indictment for uttering unauthorized bill of credit 101 
 
 Bahratkt, common. 
 
 Indictment' for 141 
 
 Bastakd Child, mother concealing birth of. 
 
 Indictment for concealment of death, etc., 55 
 
 Same for murder of, by strangling, etc., 55 
 
 Betting at game. See Gaming. 
 Bigamy. 
 
 Indictment for, 157 
 
 BilliaedTables— Imported, etc. See Gaming. 
 Blank Bill,, in possession of wrongfully. 
 
 Indictment for having unfinished bank bUl In, etc., 105 
 
 Bodily injttky, assault to commit. 
 
 Indictment for, 07 
 
 Body, dead. 
 
 Indictment for desecrating grave, 181 
 
 Boundary mark. 
 
 Indictment for removing land-murk, 88 
 
 Brand, or mark on stock, altering, etc. See Altering Mark, etc. 
 Bribery. 
 
 Indictment for bribing Justice to Influence favor, 119 
 
 Same for same, to execute his oflice with partiality, 120 
 
 Same, for bribing a constable, , 121 
 
 Bribing or menacing an elector. WiH, 
 
 Indictment for menacing, 186 
 
 Bridge of railroad injured. See Trespass on Railroads. 
 
 Bridge, or stream obstructed. See Nuisances. 
 
 Bridge, burning of. See Arson, 73 
 
TjfSEX. 239 
 
 BniNGiNQ diseased sheep into the State. 
 
 Indictment for, 176 
 
 Ekinoinq Texas cattle into the State. 
 
 Indictment for, IT? 
 
 Same under Law of 1869, 177 
 
 Same under same, for liaviug in possession, 17S 
 
 BUBGiiAK's tools, having In possession. 
 
 Indictment for having, with Intent to break into dwelling 180 
 
 Another form for same, '. 180 
 
 BCEGLAEY. 
 
 Indictment for, and assault to murder, _. 70 
 
 Same, with intent to rob, 77 
 
 Same, with intent to rape, 77 
 
 Same, with intent to maim 77 
 
 Same, witli intent to larceny, .. 77 
 
 Same, for burglary and murder, 77 
 
 Same, for same, witliout breaking in, 73 
 
 Same, for same, in school-house, with Intent, etc., 79 
 
 Same, for same. In railroad car, 79 
 
 Burning building, etc. See Arson. 
 
 Burning prairies, etc. See Mamcious mischief. 
 
 BtJRYiNG-grouud, injury to. 
 
 Indictment for willful trespass on, 182 
 
 o. 
 
 CANCELiiiNQ railroad ticket, omission of. 
 
 Indictment for omitting to cancel same, 93 
 
 Caption of indictment, 7 
 
 Cards, playing. Imported or sold. 
 
 Indictment for importing, etc., 101 
 
 Same, for selling same, 101 
 
 Carrying away fruit. 
 
 Indictment for picking and carrying away whole, etc., 90 
 
 Same, for same, of part, 92 
 
 Carrying challenge. 
 
 Same, for carrying challenge to flght a duel, 58 
 
 Carrying concealed weapons. 
 
 Same, for carrying weapon with Intent, 181 
 
 Cattle, Texas and Cherokee. See Bringing into State. 
 
 Causing crime by threats, 6 
 
 Drunkenness with intent, i 6 
 
 Cemetery, malicious mischief In. See Burying ground. 
 
 Certainty required in an Indictment, 9 
 
 Challenge. See Duelling. 
 
 Challenging the jury, 32 
 
 Charging an offense in the words of the statute, 15 
 
 Charging with crime falsely. See Conspiracy. 
 
 Cheating by warehousemen. 
 
 Indictment for issuing false receipt for grain, 192 
 
 Same, for property not his own, 193 
 
 Same, for issuing second receipt, flrst not canceled, 193 
 
 Same, for transferring stock without owner's consent, 193 
 
 Cheating. 
 
 Indictment for false representations 191 
 
 Same, for false pretenses, 192 
 
 [Circumstances of the offense. See Indictment 12 
 
 Civil process, rescue from arrest under. 
 
 . Indictment for, 131 
 
240 Index. 
 
 Coal bank. 
 
 Indictment for entering without permission, TO 
 
 Same, for entering with intent to injure, 71 
 
 Same, for causing employee to leave by threats 71 
 
 Coercion of married women, 6 
 
 Cohabitation, illicit and incestuous. 
 
 Indictment for incestuous intercourse 160 
 
 Combination for unlawful act. See Strikes. 
 
 Indictment for, to prevent owner using his property, 99 
 
 Same, to prevent eraploj'ees from work 70 
 
 Commencement of an indictment, 7 
 
 Compounding criminal offenses. 
 
 Indictment for compounding felony, 135 
 
 Concealing death of bastai-d. See Bastard child. 
 
 Confession, assault to obtain. See Biots. 
 
 Confidence game. 
 
 Indictment for 191 
 
 Consignees, frauds by. 
 
 Indictment for fraud on consignor by, etc., 190 
 
 Conspiracy. 
 
 Indictment for, to indict for keeping bawdy house, 136 
 
 Same, for same, to charge a man with crime, 137 
 
 Contagious disease of sheep. 
 
 Indictment for bringing diseased sheep Into the State, 176 
 
 Contract, gambling. 
 
 Indictment for future delivery of grain, 194 
 
 Indictment for loaning warehouse receipts for speculation, 195 
 
 Conveyance, fraudulent. 
 
 Indictment for, 189 
 
 Indictment, special form. See Appendix, 215 
 
 Corporate name. 
 
 Indictment,for assuming without charter, 197 
 
 Indictment for assuming a different name, 198 
 
 Corporations, fraudulent issue of shares of stock in. 
 
 Indictment for fraudulent issue of shares, 109 
 
 Same, for fraudulent sale of shares, 110 
 
 Counterfeiting. 
 
 Indictment for counterfeiting current coin, 103 
 
 Another form for same, 104 
 
 Indictment for passing counterfeit coin, 104 
 
 Same, for having same in possession, "with intent, etc., 104 
 
 Same, for causing same to pass 105 
 
 Same, for having counterfeit bank bills, 105 
 
 Same, for making a tool for 107 
 
 Same, for making same, to counterfeit coin, 107 
 
 Same, for having counterfeiting tools, with Intent, etc., 107 
 
 Another form for same, 108 
 
 Same, for having tool to counterfeit bank notes, 108 
 
 Same, for counterfeiting great seal of the State, 109 
 
 County fair grounds. 
 
 Indictment for trespass on, 185 
 
 Cowardice. 
 
 I Indictment for posting for, 150 
 
 Criminal trial. Its incidents, 85 
 
 Criminal Code, where found 39 
 
 Crime against nature. 
 
 Indictment for sodomy, 03 
 
 Same for bestiality, o^ 
 
 Another form for same, M 
 
Index. 241 
 
 Cbttelty by Jailer. 
 
 Indictment for^inhumanlty by, ^^ 
 
 Cutting timber. 
 
 Indictment for, on State land, 89 
 
 Same for, on land of another, 89 
 
 DAT of election. See Elkctioks. 
 
 Indictment for selling liquor on, 163 
 
 Dbad animals. See Disease. 
 
 Indictment for throwing In water-course IT'S 
 
 Deadly weapon, assault with. See Asobatated Assaults. 
 Death caused by miscarriage. 
 
 Indictment for murder in attempting to procure, 81 
 
 Defacino notice. See Advbrtiskmkht. 
 Defalcation of public oflScers. \ 
 
 Indictment against county collector, falling to pay over, 87 
 
 DssECBATiNa dedicated place of Interment. 
 
 Indictment for, , 182 
 
 DESTBOTiNa fruit. See Chimes asainst Pbopbett (m). 
 Destbotiks papers. See Cbixes asainst Pbopebtt (g) 
 Destbotino bridge. See Malicious Mischief. 
 DESTBoriNo railroad track. See Cbiues against Pbopebtt (s). 
 Diseased flesh, selling same. 
 
 Indictment for selling diseased meat, 176 
 
 Diseased sheep. See Disease.; , 
 
 DiBOBDEBLT hoUSC. 
 
 Indictment for keeping a common, etc., 165 
 
 DisTUBBANCE by unusual noises. 
 
 Indictment for, 145 
 
 Disturbance of public worship. 
 
 Indictment for, 187 
 
 Double voting and registration. See Klectioi^b. ^ .^ 
 
 Indictment for voting twice at general election, 184 
 
 Same for same at stock election, 186 
 
 Same for same at change of county seat, 186 
 
 Drui?kbnne8s, no aggravation nor excuse of crime , 
 
 Duelling. 
 
 Indictment for fighting a duel, , 56 
 
 Indictment for challenging to flght, 67 
 
 Same for accepting a challenge, 68 
 
 Same for carrying a challenge, .' 68 
 
 Same for officer neglecting to prevent, 149 
 
 Same for publishing cowardice, etc., 150 
 
 E. 
 
 Elections. 
 
 Indictment for voting more than once on general election, 184 
 
 Same for same at stock election, 186 
 
 Same for same at change of county seat, 186 
 
 Indictment for voting, being unqualified, 184 
 
 Indictment of unqualified voter for registration, etc 183 
 
 Same for menacing an elector, 185 
 
 Same for selling liquor on election day .», igj 
 
 Ehbezzleuent. See Larcent. 
 
 Embbacert. 
 
 Indictment for 140 
 
 Bhplotbb, embezzlement by. See Larcent. 
 
 31 
 
242 Index. 
 
 EHTEBDia coal bank. See Cojli. Bask. 
 
 E.CA... see R.sp^^™Esp^^ J L^.aU^^v-'^ ^ 
 
 ^ 
 
 EXTOETION. 
 
 Indictment ^gainst constables for, ,. its 
 
 Faildeb of officer to pay over money. See Depaication. 
 
 False imprisonment, indictment for,' 68 
 
 FicTiTioirs bill. See Fobqert. 
 
 Fire to defraud Insurance company. See Absoh. 
 
 FiKiNQ property. See Absoh. 
 
 FiRiNQ woods and prairies. See Malicious Mischief. 
 
 FoBEMAN of grand jury, to swear witnesses 18 
 
 FOKGEBY. 
 
 Indictment for forging and uttering, 100 
 
 Same, for forging a will, -•. 101 
 
 Same, for forging bank nol« 101 
 
 Same, for same, of bill of exchange, 102 
 
 Same, for same, of promissory note, 102 
 
 Same, for uttering a forged proniissory note 103 
 
 Same, for same, of forged county order, 103 
 
 Same, for making fictitious bills, 106 
 
 Same, for having same in possession, 106 
 
 FoBMAi. objections to indictment, when made, 27 
 
 FoBMER acquittal and conviction. 
 
 Plea of autrejois ctcquU 209 
 
 Special plea of same. See Appendix, 223 
 
 Plea of aulre/oii convict, 209 
 
 FoENicATioN. See Adultery. 
 
 Indictment for adultery 159 
 
 Same, for same, against both jointly, 159 
 
 Same, unmarried man for adultery with a married woman 158 
 
 Same, for fornication, ^ 160 
 
 Same, for adultery and fornication, 168 
 
 Same, for second offense, 161 
 
 Same, for adultery, whites and blacks, 159 
 
 Frauds. See Cheats. 
 
 Indictment for fraudulent conveyance , 189 
 
 Same, for false representations, 189 
 
 Same, for false pretenses, 190 
 
 Same, against confidence game, 191 
 
 Same, for selling land twice, 191 
 
 Same for selling- by false weights 192 
 
 And see Feauds by Warehousemen. 
 
 Same, for fraudulently mixing grain, 194 
 
 Same, on gambling contract for grain, 194 
 
 Same, for loaning warehouse tickets, 19B 
 
 Same, for overcharging railroad fare, 195 
 
 Same, for frauds on consignors, 196 
 
 Same, for sale of patent rights, 196 
 
 Same, for fraud on Insurance Companies, 198 
 
 Same, for frauds on Gas Companies, 199 
 
 Same, for same. In mineral oils, 199 
 
 Same, for canceling mortgage without leave, 200 
 
 Fruit. 
 
 Indictment for picking whole ft-uit of tree, etc., 92 
 
 Same, for same, as to part, etc., 90 
 
 Future deliveiy of grain. See Frauds. * 
 
Index. 243 
 
 Gallon of liquor. 
 
 * "indictment for selling less than, 168 
 
 Gambling contract in grain. See Fkauds. 
 
 Gamins. 
 
 Indictment for importing, etc., implements for, 164 
 
 Same fur selling playing cards, ICl 
 
 Same, for keeping gaming house 1(55 
 
 Same, for gaming, IBG 
 
 Same, against tavern keeper, for permitting, IBC 
 
 Same, against officer neglecting to notify, 160 
 
 Goods burned for insurance. See Arson. 
 Obtained by false pretenses. See Fkauds. 
 Stolen goods. See Larceny. 
 
 Grain. See Frauds. 
 
 Grand Juror, a witness to grand Jury, U 
 
 Compelled to leave the State. See BiOTS. 
 
 Grave. See Malicious Mischief. 
 
 Gbavbtard. See Bcbtino Ground. 
 
 Gbocert keepers. See LiqnoRS. 
 
 H. 
 
 HioHWAT, obstruction of. See Nuisances. 
 
 HoMiciDB. See Murder. 
 
 HoRSB stealing. See Larobnt. 
 
 Hotel keeper permitting gaming. See GAuiHa, 
 
 House, disorderly. See Lewdness. 
 
 I. 
 
 Idiot cannot be criminal, 6 
 
 Importation of billiard tables, etc. See Gauino. 
 Incest. 
 
 Indictment for 160 
 
 Incestuous Intercourse, Indictment for 160 
 
 Indian. 
 
 Indictment for selling liquor to, 16S 
 
 iNDICTMBNTS, 1 
 
 Indorsement on indictment, 10 
 
 Infamous crimes, what are, 31 
 
 Indictment for threatening to accuse, 232 
 
 Infant under ten years. See'BAPB. , 
 Inpiuencino elector. See Elections. 
 
 Information by two grand jurors 19 
 
 INJURT. See Malicious Mischief. .. 
 
 Insanity as a defense, 6 
 
 Insurance company, fire to defraud. See Arson. 
 
 Intention and act unite in crime, etc 6 
 
 Issue, plea of general, 
 
 Of unlawful currency. See Counterfeitino. 
 
 Fraudulently of stock. See Corporation. 
 
 J. 
 
 Jailer, inhumanity of, 1S2 
 
 Jailor. See Rescues and escapes. 
 
 Jail, Injury to. See Malicious Misohiep. 
 
 K. 
 
 KiDNAPPiNO, See Abduction. 
 
 Indictment for, 68 
 
 Same, without establishing a claim, 68 
 
 Knowledge of good and evil 34 
 
244 Index. 
 
 liANs, fraudulent conveyance. See Fbauds. 
 Selling land twice. See Fbacdb. 
 
 Lamdhabk, altering, etc. 
 
 Labcent. 
 
 Indictment for simple larceny, 82 
 
 Same for, from the person 82 
 
 Same for, In dwelling in day-time, 82 
 
 Same, of deed of real estate, 82 
 
 Same, of promissory note, 83 
 
 Same, for stealing a mare, 83 
 
 Embezzlement by clerk, held as larceny 92 
 
 Larceny by bailee, 94 
 
 Larceny by lodger 95 
 
 Burglary with intent to larceny, 77 
 
 LifiWiJNEBS. 
 
 Indictment for open lewdness , 161 
 
 Same for public Indecency 161 
 
 Same for keeping open tippling house, etc., 162 
 
 Same for same, in night-time of Sabbath 162 
 
 Same for keeping a lewd house, 162 
 
 Same for keeping a disorderly house, 163 
 
 Same for same, another form 163 
 
 Same for selling obscene books 161 
 
 Same for selling obscene prints, 185 
 
 LZBEL. 
 
 Indictment for 149 
 
 Same for hanging in effigy 150 
 
 Life lost by arson, is murder ~ 
 
 LiuiTATioN. See under each head. 
 
 LlQUOB. 
 
 Indictment for selling less than a gallon, etc., 163 
 
 Same for selling to be drunk on premises, etc., 168 
 
 Same against grocery keeper harboring minors, 168 
 
 Same for selling to an Indian, 168 
 
 Same for selling on election day, 163 
 
 LoDQEB, larceny by. See Laboent. 
 
 Luran Intervals of lunatic, T 
 
 Lunatic cannot be criminal 7 
 
 Lynch law. See Riots. 
 
 M. 
 
 Maintenance. 
 
 Indictment for 142 
 
 Malfeasance of officer. See OrmoEB. 
 
 Malicious mischief. 
 
 Indictment for injuring a bridge 201 
 
 Same for breaking windows, etc., 202 
 
 Same for firing stack of hay 202 
 
 Same for cutting down fruit trees, 202 
 
 Same for pulling down gate, 202 
 
 Same for same, piles of wood, 202 
 
 Same for overturning a cart 202 
 
 Same for running cart Into sloughs « 203 
 
 Indictment for setting boat adrift, 203 
 
 Same, for poisoning a horse, 203 
 
 Same, for burning hay rick over $25 value, 203 
 
 Same, for injuring a jail 203 
 
 Same, for firing woods and prairies, 204 
 
Index. 245, 
 
 MALiciorrs mischief— Continued. 
 
 Same, for Injuring a tomb, etc., 20i 
 
 Same, for Injuring canal embankment, 204 
 
 Same, for InJ urlng pecan timber, 184 
 
 MANSLAtTGHTEK. 
 
 Indictment for 54 
 
 Masking stock with Intent, etc., S5 
 
 Married women, exemjAlonof, 6 
 
 Marrying husband or wife of another. 
 
 Indictment for, 156 
 
 Mayhem. 
 
 Indictment for, , 68 
 
 Same, for burglary, with intent to 7T 
 
 Measures or weights, false. 
 
 Indictment for using, 192 
 
 Meeting to do unlawful act. 
 
 Indictment for 147 
 
 Minor not to be harbored, etc., 
 
 Miscarriage. See Abortion. 
 
 Misfeasance of officer. See Officer. 
 
 Misnomer. 
 
 Plea of, aofl 
 
 Misprision of treason. 
 
 Indictment for, i 46 
 
 Mixing grain fraudulently. 
 
 Indictment for '. 194 
 
 Mortgaged property. 
 
 Indictment for selling without consent, 98 
 
 Same, for canceling without authority, 200 
 
 Murder. 
 
 Indictment for, by poisoning, 48 
 
 Same, by striking, 49 
 
 Same, by starving, 50 
 
 Same, by drowning ■ 51 
 
 Same, by stabbing 51 
 
 Same, by shooting, ,')3 
 
 Same, in manner and way unknown, 52 
 
 Same, of mother of bastard child, 65 
 
 Same, in procuring abortion 61 
 
 Same, for assault with intent to, etc., 05 
 
 Same, for same, by arson, 75 
 
 Same, for burglary and assault with Intent to, 70 
 
 Same, for burglary and murder, 78 
 
 Same, for murder caused by perjury, IIT 
 
 N. 
 
 Neighborhood, disturbance in. 
 
 Indictment for, 145 
 
 Negligence, criminal, part of crime 4 
 
 Negligent escape. See Rescues and Escapes. 
 
 Nuisances. 
 
 Indictment for obstructing a highway, 109 
 
 Same, for same, of public navigable river 170 
 
 Same, for deleterious smokes, 171 
 
 Same, for offensive trade, 172 
 
 Same, for offensive smells, 172 
 
 Same for polluting water course, 173 
 
 Same for diverting same 174 
 
 Same for obstructing road 174 
 
246 Index. 
 
 Nuisances — Continued. 
 
 Same for throwing dead animal in stream 175 
 
 Same for selling unwholesome meat; 176 
 
 Same for selling adulterated liquors, 176 
 
 Same for bringing into State diseased sheep, 176 
 
 Same for Texas and Cherokee cattle 177 
 
 o. 
 
 Obstbuction of roads. See Nuisances. 
 
 Obstruction of railroads. See BAn,BOAi>B. 
 
 Offbrinq to vote second time. See Elections. 
 
 Officer. 
 
 Indictment for embezzlement by county treasurer, 85 
 
 Same against president, etc., of a bank, G6 
 
 Same for defalcation by county collector 87 
 
 Same for public officer stealing record, 122 
 
 Same for altering same, 122 
 
 Same for withdrawing same 122 
 
 Same for overholding records, etc., 123 
 
 Same for resisting officer, ; 125 
 
 Same for refusal to arrest 134 
 
 Same for unlawful assumption of office, 139 
 
 Same for misconduct In office, 143 
 
 Same for neglecting to prevent duel, 149 
 
 Same for neglect to notify of gaming, etc., 166 
 
 OrENiNO grave. See Bubtino obound. 
 
 Open lewdness. See Lewdness. 
 
 Papebs. 
 
 Indictment for destroying, etc., burning a bond 88 
 
 Pardon. 
 
 Plea of, 210 
 
 Passino counterfeit money. See Counterfeitino. 
 
 Perjury. 
 
 Indictment for before justice of peace on trial, Ill 
 
 Same on trial in circuit court 112 
 
 Same for affidavit for capias 113 
 
 Same for subornation, 114 
 
 Same for murder caused by, 117 
 
 Personation. 
 
 Indictment for, in acknowledging deed, 124 
 
 Same for personating bail, 124 
 
 Flea. 
 
 Plea of misnomer of christian name, 206 
 
 Special pleas in bar, 207 
 
 Plea autrefois acquit 208 
 
 Special plea in appendix, 223 
 
 Plea autrefois convict^ 209 
 
 Plea of pardon, 210 
 
 Possession of counterfeit raony, etc. See Cocntebfeitino. 
 
 Posse comitatub, indictment for refusal to Join, 181 
 
 Q. 
 
 QuARRBiiNO, disturbance by, indictment for, 146 
 
 QuASHiNo, indictment, 21 
 
 Railroads. 
 
 Indictment for fraudulent neglect to cancel ticket, 93 
 
 Same for embezzling railroad tickets 94 
 
Index. 247 
 
 Bailboads — Continued. 
 
 Same, for obstructing railroad track, 96 
 
 Same, for displacing, etc., 97 
 
 Same, for murder by, 98 
 
 Same, for burglary in railroad cars, 79 
 
 Bape. 
 
 Indictment for 6'' 
 
 Same, for rape of child under age, ft* 
 
 Same, for assault, with intent to, 6* 
 
 Same, for burglary, with intent to, , 77 
 
 Bkcokd. See Altering. See Officers. 
 
 Begistbation, double. See Elections. 
 
 Bepkesentations, false. See Frauds. 
 
 Bepugnancy. See Introduction. 
 
 Besisting officer. See Officer. 
 
 Eescues and Escapes. 
 
 Indictment for escape of convict, 127 
 
 Same, for rescue of felon not convicted, 128 
 
 Same, against warden, for voluntary escape, 129 
 
 Same, against same, for negligent keeping 130 
 
 Same, for conveying tools to prisoner, 130 
 
 Same, for rescue under civil process, 131 
 
 Same, for aiding escape by disguises, 13S 
 
 Same, for rescue from officer, 133 
 
 Same, against constable, for negligent escape, 131 
 
 Eiot. 
 
 Indictment for a riot, 140 
 
 Indictment for, to extort confessions, 1S3 
 
 Same, to compel person to leave the State 151 
 
 Same, for lynch law 164 
 
 Same, for, and assault on persons in authority, 154 
 
 Same, for, with threats of violence, 154 
 
 BoAD, obstruction of. See Nuisances. 
 
 Bout. 
 
 Indictment for, 118 
 
 Bobbery. 
 
 Indictment for, at common law, 80 
 
 Indictment for, with violence, ; 80 
 
 Indictment for, not armed, 80 
 
 Same, for arson, with intent to, 74 
 
 Same, for burglary, with intent to,. 77 
 
 Same, for assault, with Intent to 6G 
 
 s. 
 
 SALE of liquor. See Liquor. 
 
 Seal, forgery of. See Forgery. 
 
 Setting fire to, etc. See Arson. 
 
 Sixteen grand Jurors a quorum 19 
 
 Sodomy. See Crime against Nature. 
 
 Sound mind essential, 7 
 
 State, compelling to leave. See Riot. 
 
 Stock, brand altered, 85 
 
 Stolen goods. 
 
 Indictment for receiving, , 84 
 
 Same, for same, got by robbery 84 
 
 Same, for same got by burglary, 84 
 
 Stream, obstructing, etc. See Nuisances. 
 
 Street, obstructing, etc. See Nuisances. 
 
248 Index. 
 
 Strictness In pleading 10 
 
 StTBOBNATiON Of peijury. See Pebjttby. 
 
 Sw/upi-iNcj^. See Fj^UDS. ■ / */ ^ . V yi-' J'S' 
 
 Sira'pi.iNG. SeeFH^UDS. ■ / // V 
 
 TAvBBif keeper not to permit gaming. See UAsiKa. 
 
 Teabino down notice, 180 
 
 Technical words and form, 13 
 
 THBRATERDie letter. 
 
 Indictment for sending, demanding money 144 
 
 Same for threatening to accuse of crime 144 
 
 Same for sending same 145 
 
 Same for sending same, threats to kill, 145 
 
 Thbsatb. See Coal banks— Biotb. 
 
 Ticket of railroad uncanceled. See Bailboads. 
 
 TiMBEB, indictment for cutting, 89 
 
 TiFFLiKo house. See Liquor. 
 
 Tools conveyed to convict. See Bescues. 
 
 Tbeason. 
 
 Indictment for,. .. 44 
 
 Same for, 45 
 
 Same for misprision of, 46 
 
 Tbespabs, willful. 
 
 Indictment for, on State land, 89 
 
 Same for, on land of another, 89 
 
 Same for, in fruit orchard 90 
 
 Same on shade and ornamental tree, 91 
 
 Same for same, in streets of a city, etc 91 
 
 Same for willful trespass on railroads, 96 
 
 Same on burying ground 182 
 
 Same on pecan timber, 182 
 
 Same on dedicated place of burial, 182 
 
 Same on county fairgrounds, .- 183 
 
 IT. 
 
 Unlawfitl act, assemblage for. See Assemblage. 
 Uklawfui. registration. See Elections. 
 
 V. 
 
 ■Variance in indictment, 14 
 
 Vekue in same, 9 
 
 Waeehocsemen, frauds by. See Frauds. 
 Warden of penitentiary. See Rescues, etc. 
 Water, dead animal, etc. See Xuisances. 
 Water course. See Nuisances. 
 Weapon carried with Intent, etc. 
 
 Indictment for 181 
 
 Weapon conveyed to prisoner. See Rescues. 
 WiTHOLDiNG records. See Officer. 
 
 Words of the statute in indictment, SSI 
 
 Workman hindered by threats, 71 
 
 Worship. 
 
 Indictment for disturbing, 189