for steal goods and chattels being in a certain lodging room in the dweling goods let by conling house of the said F. S. there situate, let by contract by the tract to be said F. S. to the said S. V., and to be used by the said S. V. with used with a lodging. the lodging aforesaid), then and there being found, feloniously (*) did steal, take, and carry away, against the form of the statute, &c. and against the peace, &c. For steal ing a bill of ex change in the dwel of M. G. INDICTMENTS FOR LARCENY IN PARTICULAR PLACES. That W. J. late of, &c. on, &c. with force and arms, at, &c. aforesaid, in the dwelling-house of M. G. widow, feloniously did steal, take, and carry away one bill of exchange, for payment ling house of the sum of thirty-three pounds eleven shillings, and of the value of thirty-three pounds eleven shillings, the said bill of exwidow, in one count, change at the time of committing the felony aforesaid, being the property of the said M. G., and the said sum of thirty-three husband's pounds eleven shillings payable and secured by the same bill of other exe- exchange being then due and unsatisfied to the said M. G. the G. and her cutors in another, on 12 Ann. stat. 1. c. (s) See other precedents, Cro. C. 7. (t) C. 263. Cro. C. A. 111. Starkie, [*989] 431. 1 Leach, 336. 2 Leach, 545, 588, 680. As to the offence, see ante 939,* 940.* In the indictment two persons cannot be joined, unless the lodgings were let to them by a joint contract, 2 Leach, 545. It is absolutely requisite correctly to state by whom the lodgings were let, 1 Leach, 336. But evidence that they were let by the wife, will sustain an allegation that they were let by the husband, for she is regarded as his agent, 2 Leach, 705. (3d Ed. omitted in the 4th.) Where the indictment charged the defendant with stealing of T. N. certain articles of furniture therein specified, "the same goods and chattels being in a certain lodging room in the dwelling-house of the said T. N. there situate, let by contract by the said T. N. to the defendant, and to be used by the defendant with the lodging aforesaid," the proceedings were holden sufficient, without any further averment of a subsisting contract at the time the goods were stolen, 2 Leach, 588. (4) This indictment against Jackson (see another indictment against him ante, 985*.) was settled by an eminent crown lawyer. See other precedents-For stealing a bank note, 2 Leach, 564. several articles, Cro. C. C. 236. Cro. C. A. 28. Starkie, 443. and see an indictment on this act, and 3 & 4 W. and M. c. 9. 4 Wentw. 52. As to the offence, see ante 939,* 940.* we have seen that the stealing a bank note is within the statute, as having by 2 Geo. II. c. 25. been made a valuable property in respect of which larceny may be committed, and promissory notes, bills, and other securities rest on the same principle, 2 Leach, 693. The indictment must state correctly the name of the owner of the dwelling-house, in which the property is stolen, 1 Leach, 252, 338, 9. proprietor thereof, against the form of the statute, &c. (u) and against the peace, &c. [Second count like the first, only laying the property in the widow and the executors.] in a common form. One silver watch of the value of forty shillings, of the goods The like and chattels of one E. F. in the dwelling-house of him the said E. F. then and there being found, then and there feloniously did steal, take, and carry away, against the peace, &c. (v) persons stat. 1. c. 7. s. 1. for stealing articles in That H. C. late of, &c. W. N. late of, &c. and C. C. late of, Against &c. on, &c. with force and arms, at, &c. aforesaid, one diamond several ring of the value of five pounds five shillings, one pearl ring of for a capithe value of one pound ten shillings, one pair of gold bracelets tal felony on 12 Ann. with amethyst snaps, of the value of five pounds, one bracelet with an opal snap set with brilliants of the value of two pounds two shillings, one other bracelet with a sapphire snap, of the various value of two pounds two shillings, one other bracelet with a a dwelling ruby snap of the value of two pounds two shillings, one gold house. (w) chain of the value of ten pounds ten shillings, twelve yards of poplin of the value of three pounds three shillings, one miniature picture of the value of two-pence, twelve pair of gloves of the value of twelve shillings, and three shifts of the value of twelve shillings, of the goods and chattels of Thomas Brudenell Bruce, earl of Aylesbury, and two silver spoons of the value of and a pair of silver sugar tongs of the value of of the goods and chattels of Sarah Knapp, in the dwelling house of the said Thomas Brudenell* Bruce, earl of Aylesbury, then and there being found, feloniously did steal, take, and carry away, against the form of the statute, &c. and against the peace, &c. [990*] 15. for a That R. P. late of, &c. on, &c. about the hour of nine in the On 39 (x) forenoon of the same day, with force and arms, at, &c. afore- Eliz. ch. said, the dwelling-house of one J. S. there situate, feloniously did capital fe. break and enter, (no person in the same dwelling-house then lony in and there being), and one pair of gloves and one pair of pin- into a (u) This is not necessary, as the statute only takes away clergy and does not create the offence, but it seems to be most usual and proper, and can in no case vitiate, 2 Hale, 190. 1 Vol. 290. (v) See last precedent and notes. (w) This indictment was settled by an eminent crown lawyer. (x) Or" afternoon," &c. according to the fact, breaking dwelling cers of the goods and chattels of the said J. S. of the value of house in five shillings, of lawful money of Great Britain, and also a certhe day time, no tain sum of money, (2) to wit, the sum of five shillings and person sixpence, of the monies, goods, and chattels of one J. S. of the being therein, value of five shillings of like lawful money, in the same dweling to the ling house then and there being found, then and there feloniousamount of ly did steal, take, and carry away, against the form of the sta58. (y) tute, (a) &c. against the peace, &c. [Second count laying the property stolen to belong to another person.] and steal coach For a capi- That S. D. late of, &c. on, &c. with force and arms, at, &c. tal felony, stealing in aforesaid, one cloth coat of the value of fifteen shillings, and a shop, one cloth waistcoat of the value of ten shillings, of the goods house, &c. and chattels of one J. B. in the shop (c) of him the said J. B. then and there being found, then and there privately and felolue of 5s. 10 and 11 niously did steal, take, and earry away, against the form of the statute, &c. (d) and against the peace, &c. to the va W. III. c. 23. s. 1. (b) On 3 & That A. O. late of, &c. on, &c. at the hour of in the af4 W. & M. ternoon of the same day, with force and arms, at, &c. the c. 9. s. 1. dwelling house of one A. J. there situate, (one B. J. wife of the for a capital felony said A. J., in the same house, in the peace of God and our said lord the *king then being,) feloniously did break and enter, and one silver spoon of the value of of the goods and chattels of him the said A. J. then there feloniously did steal, take, in break ing into a house in the day time some person and carry away, and her the said B. J. then and there being in the said dwelling house, then and there being in bodily fear and being that no (2) Or "and 13 pieces of the current gold coin of this realm, called guineas, of the value of 131. 138. of the monies of the said J. S. in the same dwelling-house, then and there feloniously," &c. (a) See ante 989.* n. u. This conclusion is not necessary, but will not prejudice. (b) See other precedents, Cro. C. C. 446. Starkie, 443. Burn J, larceny, xi. As to the offence, see ante 942.* “in (c) If the stealing be from a coaclihouse, warehouse, or stable, say the coach-house," &c. according te the fact. (d) See ante 989*. n. u. (e) See a similar precedent, Burn Larceny, xi. Starkie, 444. As to the offence, &c. see ante 943.* J danger of her life feloniously did put, (ƒ) against the form of day of W. & M. c. 9. for a ca the owner therein, ing. (g) First count as - in the On 3 & 4 year of the reign of, &c. with force and arms, at, &c. aforesaid, one silver teapot, of the value of forty shillings, of the goods pital felony in stealand chattels of one E. H. in the dwelling-house of her the said ing in a E. H. there situate, then and there found and being, feloniously dwellinghouse, and did steal, take, and carry away, and her the said E. H. then and by putting there being in the said dwelling-house, did then and there put in fear, in bodily fear of her life, against the peace, &c. and against the being form of the statute, &c. And the jurors, &c. do further present, but withthat the said A. B. on the said, &c. with force and arms, at, &c. out breakaforesaid, feloniously did comfort, aid, abet, assist, counsel, hire, and command certain persons, to wit, one J. M. and divers other persons, to the jurors aforesaid at present unknown, feloniously principal. to take away one silver teapot, of the goods and chattels of the Second said E. H. then and there being found in the dwelling-house of againstthe the said E. H. there situate, and also to put in bodily fear of her defendant as abettor life, her the said E. H., then and there being in the said and prodwelling-house, and which said last mentioned goods and chat- curer. tels being of the value aforesaid, in the said dwelling-house, they the said J. M., and the said other persons at present unknown to the jurors aforesaid, in pursuance of such the said comforting, aiding, abetting, counselling, hiring, and commanding of the said A. B. feloniously did then and there take away, and her the said E. H. then and there being in the said dwellinghouse, did then and there put in bodily fear of her life, against the peace, &c. and against the form of the statute, &c. (f)This does not appear to be requisite when there is a breaking, as that completes the robbery; but, in order to oust the offender of clergy, it is necessary to allege a breaking and an actual larceny, some person being in the house at the time, 1 Hale, 522. 2 Hale, 354. East, P. C. 634. 2 Leach, 671. (g) See other precedents, 4 Wentw. 52. Starkie, 444. 2 Leach, 671. As to the offence, see ante 943,* no breaking is necessary under this clause, VOL. II. as no putting in fear is requisite on 5 C count [*992] from a *Middlesex, to wit. That A. B. late, of, &c. and C. D. late of, For a ca- &c. on, &c. with force and arms, at, &c. aforesaid, one silver pital felocup, of the value of six pounds, of the goods and chattels of the ny in stealparishioners of the said parish, (in the custody of E. F. and G. church. H. then churchwardens of the same parish,) in the church of the (h) parish aforesaid, then and there being found, then and there feloniously and sacrilegiously did steal, take, and carry away, gainst the form of the statute, &c. and against the peace, &c. For a sin On 48 Geo. INDICTMENTS FOR LARCENY, FROM THE PERSON. That A. B. late of, &c. on, &c. with force and arms, at, &c. gle felony, aforesaid, one silver watch with a silver chain, of the value of III. c. 129. four pounds, of the goods and chattels of one C. D. from the person of the said C. D. then and there feloniously did steal, take, and carry away, against the form, &c. and against the peace, &c. for steal ing from the per son. (i) (h) See precedent Cro. C. A. 178. Cro. C. C. 435. 2 Starkie, 448. 445. and see ante 949*. and see post for sacrilegious burglary, for sacrilege or robbery in a church, and for taking away two communion cups, two copes of black velvet, and three surplices, West, 197, it concludes contra form, and avers the offender to be a layman and not in holy orders, it is framed on the 23 Hen. VIII. whereby clergy is taken from all persons not actually in holy orders. A similar indictment for robbing a church of several articles, West, 236. Indictment for robbing a church in the night time, stating the offence to be burglariously, but not stating it to be sacrilegiously, and not concluding contrary to the form of the statute, see West, 196. See also an indictment for robbing a church merely, without noticing it as sacri lege, burglary, or felony, but only stealing goods from thence, alleged to be the property of the parishioners at large, West, 271. As to the offence, see ante 949.* The indictment lays the property in the parishioners, in the custody of the church-wardens of the time, which appears to be correct, 1 Hale, 512. 3 Campb. 264, 5. It might, however, with equal propriety be laid in the rector, 2 East, P.C.651. In other respects, the averments are similar to those in an indictment for larceny at common law. (i) See similar precedents, Cro C. C. 246. - Burn J. Larceny. Starkie, 448. As the Act on which this indictment is founded repeals the 8 Eliz. c. 4. by which privately stealing from the person was made capital, it is unnecessary to give any precedents on that statute, see ante 944.* |