V. WARRANTS, COMMITMENTS, AND INDICTMENTS AGAINST ACCESSORIES. (A) Warrant against an accessory before the fact. County, to wit: of the value of Whereas A. I. of hath this day made information, on oath (or solemnly affirmed, as the case may be) before me J. P. a justice of the peace for the county aforesaid, that on the night of the of this present month, the dwelling house of him the said A. I. at the county aforesaid, was feloniously and burglariously broken open and entered, and (describe the property and its value) of the goods and chattels of him the said A. 1. were feloniously and burglariously stolen, taken and carried away from thence; and that he hath just cause to suspect, and doth suspect, that O. P. of did commit the said felony and burglary, and that O. A. of did procure, counsel, command and abet the said O. P. to commit the same: These are therefore to command you, that immediately upon sight hereof, you apprehend the said O. A. and bring him before me, or some other justice of the peace for the county aforesaid, to answer the said charge, and further to be dealt with according to law. Given under my hand and seal, at the the county of aforesaid, this in the year To day of constable. J. P. [seal] NOTE.... The above form may easily be adapted to any other felony; taking care to describe the offence, with sufficient certainty, and to state that the accessory procured, counselled, commanded, and abetted it. (B) Warrant against an accessory after the fact. County, to wit: Whereas A. I. of hath this day made information, on oath (or solemnly affirmed, as the case may be) before me J. P. a justice of the peace for the county aforesaid, that on the night of the of this present month, the dwelling house of him the said A. I. at the county aforesaid, was feloniously and burglariously broken open and entered, and of the value of (describe the property and its value) of the goods and chattels of him the said A. I. were feloniously and burglariously stolen, taken and carried away from thence; and that he hath just cause to suspect, and doth suspect, that O. P. of did commit the said felony and burglary, and that O. P of knowing the said felony and burglary to have been committed, did receive, relieve, comfort and assist the said O. P. to commit the same: These are therefore to command you, that immediately upon sight hereof, you apprehend the said O. A. and bring him before me, or some other justice of the peace for the county aforesaid, to answer the said charge, and further to be dealt with according to law. Given under my hand and seal, at the county of said, this Το day of constable. in the year afore. 1 J. P. [seal] NOTE....If the offence be committed in the day time, omit what relates to the night and to burglary. (C) Warrant against a receiver of stolen goods. County, to wit: Whereas A. I. of hath this day made oath before me, J. P. a justice, &c. that on the day of at the county aforesaid, the following goods and chattels were feloniously taken and stolen from the said A. I. by some person or persons unknown, to wit: (here describe the goods, with the value respectively) and that he hath good grounds to suspect, and doth suspect, that O. R. of did receive (or buy, as the case may be) the said goods and chattels, from the said felon or felons, knowing them to have been stolen: These are therefore to command you, that immediately upon sight hereof, you apprehend the said O. R. and bring him before me, or some other justice of the peace for the county aforesaid, to answer the said charge, and further to be dealt with according to law. Given under my hand and seal, at the county of aforesaid, this day of NOTE.... The last form may be varied so as to suit the case of buying or receiving a stolen horse, knowing him to be stolen; or of harbouring or concealing a horse stolen, knowing him to be such. (D) Warrant for misprision of felony, in concealing it. County, to wit: Whereas information hath been made to me, J. P. a justice of the peace for the county aforesaid, by the oath of A. I. that O. M. of labourer, well knowing that a felony and burglary had been aforesaid, in the night of the committed by B. F. of day of last past, in breaking and entering the meat house of C. S. in the said county, with intent to commit a felony, did conceal his knowledge of the said felony and burglary, contrary to law, and to the evil example of all others in like cases offending : These are therefore to command you, that immediately upon sight hereof, you apprehend the said O. A. and bring him before me, or some other justice of the peace for the county aforesaid, to answer the said charge, and further to be dealt with according to law. Given under my hand and seal, at the county of aforesaid, this To day of constable. in the year J.P. [seal] (E) Commitment of an accessory, before the fact. To the keeper of the jail of county. I herewith send you the body of O. A. of labourer, who is charged upon the oath (or solemn affirmation) of A. I. of with procuring, counselling, commanding and abetting, one O. P. to commit a felony and burglary, in the night of the day of last past, by breaking and entering the mansion house of the said A. I. at the county aforesaid, and feloniously and burglariously taking from thence (here describe the property, and the value respectively.) These are therefore to require you, to receive into your jail and custody, the said O. A. and him safely keep, till he be delivered by due course of law. Given under my hand and seal at in the year this day of J. P. [seal] (F) Commitment against an accessory after the fact. To the keeper of the jail of county. labourer, who is I herewith send you the body of O. A. of charged upon the oath (or solemn affirmation) of A. I. of with receiving, relieving, comforting and assisting, one O. P. well knowing that a felony had been committed by the said Q. P. in feloniously taking and carrying away from C. S. of on the day of last past, the following goods and chattels (here describe the property with their value.) These are therefore to require you to receive into your jail and custody, the said O. A. and him safely keep till he be delivered by due course of law. Given under my hand and seal, at in the year J. P. [seal] this day of NOTE....If the offence be bailable, which may be seen under itle "BAIL," then, instead of committing the offender, the magistrate should take his recognizance, to appear at the court of Examination (a tribunal peculiar to the laws of Virginia) the forms of which recogni zance, may be found under titles "BAIL" and " RECOGNIZANCE. (G) Indictment of an accessory before the fact, for murder.. to wit: aforesaid, upon their oath present, that yeoman, and B. O. late of The jurors for the whereas A. O. late of labourer, not having God before instigation of the devil, on the at the parish of day of their eyes, but being seduced by the in the year † in the county aforesaid, with force and arms, &c. feloniously and of their aforethought malice, in and upon one C. D. then and there in the peace of God, and of the said • The date should be written in words at length. † No indictment shall be quashed for the omission of the name of any parish, town, ville, or hamlet, within any county. 1 Rev. Code 105. While the district court system was in operation, it was usual, after the word "aforesaid," to say "within the jurisdiction of the district court aforesaid;" and to lay the venue in that manner through the indictment. But it may well be doubted whether it was necessary. See the case of Turberville v. Long, reported in 3 Hen. & Munf. In any inquisition or indictment, the words "force and arms," or any par ticular words descriptive of any particular kind of force and arms, shall not of necessity be put or comprised. i Rev. Code 105. commonwealth being, made an assault and affray, and the aforesaid A. O. a certain gun called a pistol, of the value of then and there charged with gunpowder, and a leaden bullet, which gun the said A. O, in his right hand then and there had and held, in and upon the aforesaid C. D. then and there feloniously, voluntarily and of his malice aforethought, did shoot off and discharge; and the aforesaid A. O. with the leaden bullet aforesaid, from the gun aforesaid then and there sent out, the aforesaid C. D. in and upon the left part of the breast of him the said C. D. then and there feloniously struck, giving to the said C. D. then and there with the leaden bullet aforesaid, near the left pap of him the said C. D. one mortal wound of the breadth of half an inch, and depth of five inches, of which mortal wound the aforesaid C. D. at the county of aforesaid, in the parish afore said, instantly died: and that B. O. feloniously and of his forethought malice, then and there was present, aiding, assisting, abetting, comforting and maintaining the aforesaid A. O. to do and commit the felony and murder aforesaid, in form aforesaid; and so the aforesaid A. O. and B. O. the aforesaid C. D. at the county aforesaid, in the parish aforesaid, in manner and form aforesaid, feloniously, voluntarily and of their forethought malice, killed and murdered, against the peace and dignity of the commonwealth ;* and that one E. O. late of the parish of in the county of aforesaid, esquire, not having God before his eyes, but being seduced by the instigation of the devil, before the felony and murder aforesaid by the aforesaid A. O. and B. O. in manner and form aforesaid done and committed, that is to say, the day of in the year at the parish of aforesaid, the aforesaid A. O. to do and commit the felony and murder aforesaid, in manner and form aforesaid, maliciously, feloniously, voluntarily and of his forethought malice, did incite, move, abet, counsel and procure, against the peace and dignity of the commonwealth. See 9 Co. 116. a. lord Sanchar's case. in the county of If after the fact, then the form may be thus. in the in the county of And that E. O. late of esquire, well knowing the said (offender) to have done and committed the said felony in manner and form aforesaid, afterwards to wit: on the day of aforesaid, with force and arms, him the said (offender) did then and there feloniously, and of his forethought malice, receive, aid, and comfort, against the peace and dignity of the commonwealth. year, at the county of (H) Indictment for a misdemeanor, in receiving stolen goods as accessory, the principal felon being unknown. County, to wit: The jurors for the body of the county of upon their oath do present, that aforesaid, late of aforesaid, la Indictments must conclude "against the peace and dignity of the common. wealth." Const. Virg. art. 18, and bourer, and his wife, being persons of evil name and fame, and of dishonest conversation, and common buyers and receivers of stolen goods, on the day of in the year with force and arms, at the county aforesaid, six silver table spoons of the value of twenty dollars, of the goods and chattels of one H. B. by a certain ill disposed person (to the jurors aforesaid, yet unknown) then lately before feloniously stolen, of the same ill disposed person, unlawfully, unjustly, and for the sake of wicked gain did receive, and have (they the said his wife, then and there well knowing, and each of them well knowing, the said goods and chattels to have been feloniously stolen) to the evil example of the good citizens of this commonwealth, the great damage of the said, H. B. against the form of the act of the general assembly in that case made and provided, and against the peace and dignity of the commonwealth.* (I) Indictment against an accessory to a felony or burglary before the fact. (After you have drawn the indictment against the principal felon. bring the charge against the accessory on the same piece of paper, as follows:) day of in the And the jurors aforesaid, upon their oaths aforesaid, do further present, that E. O. late of the parish of in the county of aforesaid, labourer, before the said felony† and burglary was committed in form aforesaid, to wit: on the year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, did feloniously and maliciously, incite, move, procure, aid and abet the said A. O to do and commit the said felony and burglary in manner and form aforesaid, against the peace and dignity of the commonwealth. (K) Indictment against an accessory for receiving the principal felon. (State the charge against the principal, and then say): And the jurors aforesaid, upon their oath aforesaid, do further present, that E. O. late of the parish of in the county of aforesaid, esquire, well knowing the said A. O. to have done and committed the said felony and burglary, in form aforesaid, afterwards to wit: the day of in the year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, him the said A. O. did then and there feloniously receive, harbour and maintain, against the peace and dignity of the commonwealth. It frequently happens that the court of examination, do not think the crime, with which the prisoner is charged, of sufficient magnitude to send him for further trial in that case they possess a power of binding him over to the next court of the county, in which there will be a grand jury, who generally act upon an indictment in the above form. + If felony only, leave out the word burglary. Instead of the words incite, move, procure, aid and abet, you may say, counsel, hire, or command. |