THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
Conviction for Offence other than that charged.
wounding.
14 & 15 Vict. c. 19, s. 5.
57. If, on any trial for any felony, except murder or Conviction for manslaughter, where the indictment alleges that the accused wounding on person did cut, stab, or wound any person, the jury are satis- indictment for fied that the accused person is guilty of the cutting, stabbing, felonious or wounding charged in the indictment, but are not satisfied that he is guilty of the felony charged in the indictment, then and in every such case the jury may acquit the accused person of such felony, and find him guilty of unlawfully cutting, stabbing, or wounding, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misde- meanor of cutting, stabbing, or wounding.
on indictment
58. If, on any trial for robbery, the jury are satisfied Conviction for that the accused person is guilty of an assault with intent assault with to rob, but are not satisfied that he is guilty of the robbery intent to rol charged in the indictment, then and in every such case the for robbery. jury may acquit the accused person of such robbery, and find No. 3 of 1865, bim guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob.
*. 34.
stealing in
8. 36.
59. If, on any trial for burglary, stealing in a dwelling- Conviction for house, or breaking and entering and stealing in a shop, burglary on warehouse, or counting-house or in a building within the indictment for curtilage of a dwelling-house, the jury are satisfied that the dwelling- accused person is guilty of some one of the said offences but house, etc. are not satisfied that he is guilty of the offence charged in No. 3 of 1865, the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment, and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.
60. If, on any trial for any offence, the jury aro Conviction for satisfied that the accused person is guilty of an attempt attempt on to commit the offence charged in the indictment, but are not indictment for satisfied that he is guilty of the full offence so charged, No.3 of 1865,
full offence. then and in every such case the jury may acquit the accused . 35. person of such offence, and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he bad been convicted upon an indictment for attempting to commit such offence.
amount to
61. If, on any trial for misdemeanor, the facts given in Conviction for evidence amount to a felony, the accused person shall not misdemeanors be therefore acquitted of such misdemeanor; and no person although fact tried for such misdemeanor shall be liable afterwards to be in evidence prosecuted for felony on the same facts, unless the Court felony. thinks fit in its discretion to discharge the jury from giving No. 3 of 1865, any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.
Proof of certain Matters.
9.35.
accused
person. 7 & 8 Geo. 4,
62. Where an indictment contains a count charging the Proof of accused person with having been previously convicted, and previous it becomes necessary on the trial to prove such previous conviction of conviction, a copy of the conviction for the offence punish- able on summary conviction, or a certificate containing the substance and effect only (omitting the formal part) of the 28, ■. 11. indictment and conviction for the indictable offence, as the case may be, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted, shall, on proof of the identity of the person, be sufficient evidence of the súd conviction, without proof of the signature or official character of the person appearing to have sigued the same.
14 & 15 Viet.
63. A certificate containing the substance and effect Proof of only (omitting the formal part) of the indictment and trial previous trial for any indictable offence, purporting to be signed by the on trial for Registrar, shall, on the trial of any indictment for perjury perjury. or subornation of perjury, be sufficient evidence of the trial c. 100, s. 2. of the said indictment, without proof of the signature or official character of the person appearing to have signed the same.
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