A PRACTICAL TREATISE ON THE CRIMINAL LAW, COMPRISING THE PRACTICE, PLEADINGS, AND EVIDENCE, WHICH OCCUR IN THE Course of CRIMINAL PROSECUTIONS, WHETHER BY INDICTMENT OR INFORMATION : WITH A Copious Collection of Precedents OF INDICTMENTS, INFORMATIONS, PRESENTMENTS, AND EVERY EACH OFFENCE, THE PROCESS, INDICTMENT, plea, defence, EVIDENCE, TRIAL, IN FOUR VOLUMES. VOL. I. BY JOSEPH CHITTY, Esq. OF THE MIDDLE TEMPLE, BARRISTER AT LAW. THE SECOND EDITION, CORRECTED AND ENLARGED. LONDON: PRINTED BY SAMUEL BROOKE, PATER-NOSTER ROW. ADVERTISEMENT TO THE PRESENT EDITION. THE flattering reception of this Work by the Profession, has induced the Author to endeavour, in this Edition, to render it still more worthy of their attention. A great increase of matter has been introduced, and the numerous modern enactments affecting the Criminal Law have rendered it necessary, with much labour, entirely to re-mould some parts of the subject. The Author has availed himself of the valuable collections of cases recently published by Messrs. RUSSELL and RYAN, and by Messrs. RYAN and MOODY, which have afforded to the public most important and essential information on this branch of the Law. Several new Precedents have been added, and the whole has been carefully revised, corrected, and enlarged. PREFACE ΤΟ THE FIRST EDITION. IN the following work I have attempted to take a comprehensive and practical view of the Criminal Law. In the first volume are stated the principles, rules, and practice which affect criminal prosecutions in general, from their commencement to their conclusion. In the second and third volumes will be found the law relative to each particular offence, the process against the offender, the indictment, the defence, the evidence, the judgment, and punishment; with a very comprehensive collection of precedents of indictments and informations for each offence, with notes on the component parts of such precedents. The fourth volume contains the pleas to indictments and informations, and proceedings thereon; and the practical forms to be adopted by magistrates and others in the course of the prosecution, whether by indictment or information. But the better to enable the reader to form an opinion how far the subject may be worthy his attention, and to facilitate reference to different parts of the work, as well as to afford the student a concise view of the course of proceedings in criminal cases, it may be expedient to state more particularly the subject of the following pages. As criminal prosecutions, though in the name of the king, are usually instituted by some particular individual, the first volume commences with a statement of the parties competent to prosecute, the obligations |