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
The traversers were charged with having committed the offence of
CONSPIRACY; which, by the universally admitted common law of the land
for considerably upwards of five hundred years, exists "_where two, or
more than two, agree to do an illegal act_--that is, to effect something
in itself unlawful, or to effect by unlawful means something which in
itself may be indifferent, or even lawful."[1] Such an offence
constitutes a _misdemeanour_; and for that misdemeanour, and that
misdemeanour alone, the traversers were _indicted_. The government
might, as we explained in a former Number,[2] have proceeded by an
_ex-officio_ information at the suit of the crown, filed by the
Attorney-General; but in this instance, waiving all the privileges
appertaining to the kingly office, they appeared before the constituted
tribunal of the law as the redressers of the public wrongs, invested
however with no powers or authority beyond the simple rights enjoyed by
the meanest of its subjects--and preferred an _indictment_: which is "a
written accusation of one or more persons, of a crime or misdemeanour,
preferred to and presented on oath by a grand jury."[3] Now, in framing
an indictment, the following are the principles to be kept in view. They
were laid down with beautiful precision and terseness by Lord
Chief-Justice De Grey, in the case of Rex. _v._ Horne--2 Cowper's Rep.
682.
"The charge must contain such a description of the crime, that the
_defendant_ may know what crime it is which he is called upon to answer;
that the _jury_ may appear to be warranted in their conclusion of
'guilty,' or 'not guilty,' upon the premises delivered to them; and that
the _court_ may see such a definite crime, that they may apply the
punishment which the law prescribes."
Public-domain text, read in full here on John Shaqi.
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