A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783, with Notes and Other Illustrations, Volume 33
Longman, Hurst, Rees, Orme and Brown, 1826 - Trials
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against a new indictment for murder; but that he would discharge the jury of the
indictment altogether, and would direct a re-indictment for the petit treason; for
that a prisoner is entitled, when treason is charged against him, to the forms and
Lord Chief Justice Hale is very full and express on the other side of the question:
that a person who is guilty of petit treason may be indicted of murder, for it is a
species of murder; and a pardon of murder pardoneth petit treason.” I quote this ...
And Judge Foster, whose opinion that murder is not merged in petit treason I
have already noticed, referring to Saccombe's case, which I have just read to
your lordships from the report of my Lord Chief Justice Dyer, and denying its
authority to ...
Now the son had brought appeal of murder against the wife. The question was,
Whether this appeal lies 1 And some thought, that because the offence is made
treason, it mergeth each lesser crime, as the crime of murder, which was before
Deeming that manslaughter, murder, and petit treason, are various species of
eriminal homicide, Judge Foster concludes, that if, upon an indictment for murder,
the facts should turn out to be petit treason, he does not think it advisable to '
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A Complete Collection of State Trials and Proceedings for High ..., Volume 33
He will be tried over high treason.
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