Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
After desperate but unsuccessful efforts had been made, in the ensuing
term, to disturb the verdict, the last step which could be resorted to
in order to avert the sentence, was adopted--viz., a motion in arrest of
judgment, on the main ground that the indictment disclosed in _no part_
of it any indictable offence. It was expressly admitted by the
traversers' counsel, in making the motion, that if "the indictment did
disclose, with sufficient certainty, an indictable offence in all OR ANY
of its counts, the indictment was sufficient;" and it was then
"contended, that _not one_ of the counts disclosed, with sufficient
certainty, that the object of the agreement alleged in it was an
indictable offence." The court, however, was of a different opinion; and
the Chief-Justice, in delivering his judgment, thus expressed
himself--"It was boldly and perseveringly urged, that there was no crime
charged in the indictment. If there was one in any count, or in any part
of a count, that was sufficient." So said also Mr Justice Burton--"We
cannot arrest the judgment, if there be _any_ count on which to found
the judgment"--the other two judges expressly concurring in that
doctrine; and the whole court decided, moreover, that _all_ the counts
were sufficient in point of law. They, therefore, refused the motion.
Had it been granted--had judgment been arrested--all the proceedings
would have been set aside; but the defendants might have been indicted
afresh. Let us once more repeat here--what is, indeed, conspicuously
evident from what has gone before--that at the time when this motion in
arrest of judgment was discussed and decided in the court below, there
was no more doubt entertained by any criminal lawyer at the bar, or on
the bench, in Ireland or England, that if an indictment contained one
single good count it would sustain a general judgment, though there
might be fifty bad counts in it, than there is of doubt among
astronomers, or any one else, whether the earth goes round the sun, or
the sun round the earth. Had the Irish Court of Queen's Bench held the
contrary doctrine, it would have been universally scouted for its
imbecility and ignorance.
Public-domain text, read in full here on John Shaqi.
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