ORDINANCE No. 4 OF 1852.
Criminal Procedure.
victed on an information for attempting to commit such felony or misdemeanour; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an attempt to commit the felony or misdemeanour for which he was so tried.
5. That if, on any trial for robbery, the jury shall be of opinion that no robbery was committed, but an assault with intent to rob, the defendant shall not be therefore acquitted, but the jury shall return a verdict of guilty of an assault with intent to rob, and thereupon defendant shall be punished as if convicted on an information for feloniously assaulting with intent to rob; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried.
6. That if, on any trial for misdemeanour, the facts given in evidence amount to a felony, the defendant shall not be therefore acquitted of such misdemeanour; no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts unless the Court shall think fit in its discretion to discharge the jury from giving any verdict on such trial, and to direct such person to be prosecuted for felony, whereupon such person may be dealt with as if not previously put on trial for misdemeanour.
7. That if, on the trial for embezzlement of any clerk or servant, the offence proved amount to larceny, the defendant shall not therefore be acquitted, but the jury shall return a verdict of not guilty of embezzlement, but guilty of simple larceny, or larceny as clerk or servant, as the case may be, and thereupon the defendant shall be punished as if convicted on an information for such larceny; and if, on any trial for larceny, the offence proved amount to embezzlement, the defendant shall not therefore be acquitted, but the jury shall return a verdict of not guilty of larceny, but guilty of embezzlement, and thereupon the defendant shall be punished as if convicted on an information for embezzlement; and no person so tried for embezzlement or larceny as aforesaid shall be liable to be afterwards prosecuted for larceny or embezzlement on the same facts.
8. That if, on the trial of any two or more persons for jointly receiving any property, it shall be proved that one or more of them separately received any part thereof, the jury shall convict upon such information such of the said persons as shall be proved to have received any part of such property.
9. And whereas it may happen that the principal in a felony be not in custody or amenable to justice, although several accessories to such felony or receivers at different times of stolen property the subject of such felony, are in custody or amenable to justice, for the prevention of several trials, it is enacted, that any number of such accessories or receivers may be charged with felonies in the same information, notwithstanding the principal felon be not included in such information or in custody or amenable to justice.
10. It shall be lawful to insert several counts in the same information against the same defendant for any number of distinct acts of stealing, not exceeding three, committed against the same person within the space of six months.
269
Similarly with party indicted for robbery.
Party indicted for misdemeanour not to be acquitted if the offence be proved felony, unless Court so direct.
Party indicted for embezzlement as a clerk, &c. not to be acquitted if offence be proved larceny, and vice versa.
On indictment for jointly receiving, party convicted of separately receiving may be convicted.
In the same indictment, separate accessories or receivers may be included in absence of principal felon.
Three larcenies from the same person within six
ORDINANCE No. 4 OF 1852.
Criminal Procedure.
victed on an information for attempting to commit such felony or misdemeanour; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an attempt to commit the felony or misdemeanour for which he was so tried.
5. That if, on any trial for robbery, the jury shall be of opinion that no robbery was committed, but an assault with intent to rob, the defendant shall not be therefore acquitted, but the jury shall return a verdict of guilty of an assault with intent to rob, and thereupon defendant shall be punished as if convicted on an information for felo- niously assaulting with intent to rob; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried.
6. That if, on any trial for misdemeanour, the facts given iu evidence amount to and a felony, the defendant shall not be therefore acquitted of such misdemeanour; no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts unless the Court shall think fit in its discretion to discharge the jury from giving any verdict on such trial, and to direct such person to be prose- cuted for felony, whereupon such person may be dealt with as if not previously put on trial for misdemeanour.
7. That if, on the trial for embezzlement of any clerk or servant, the offence proved amount to larceny, the defendant shall not therefore be acquitted, but the jury shall return a verdict of not guilty of embezzlement, but guilty of simple larceny, or larceny as clerk or servant, as the case may be, and thereupon the defendant shall be punished as if convicted on an information for such larceny; and if, on any trial for larceny, the offence proved amount to embezzlement, the defendant shall not therefore be acquitted, but the jury shall return a verdict of not guilty of larceny, but guilty of embezzlement, and thereupon the defendant shall be punished as if convicted on an information for embezzlement; and no person so tried for embezzlement or larceny as aforesaid shall be liable to be afterwards prosecuted for larceny or embezzlement on the same facts.
8. That if, on the trial of any two or more persons for jointly receiving any pro- perty, it shall be proved that one or more of them separately received any part thereof, the jury shall convict upon such information such of the said persons as shall be proved to have received any part of such property.
9. And whereas it may happen that the principal in a felony be not in custody or amenable to justice, although several accessories to such felony or receivers at dif- ferent times of stolen property the subject of such felony, are in custody or amenable to justice, for the prevention of several trials, it is enacted, that any number of such accessories or receivers may be charged with felonies in the same information, notwith- standing the principal felon be not included in such information or in custody or amenable to justice.
10. It shall be lawful to insert several counts in the same information against the same defendant for any number of distinct acts of stealing, not exceeding three, com-
269
Similarly with party indicted for robbery.
Party indicted for misdemean- our not to be acquitted if the offence be proved felony, unless Court so direct.
Party indicted for embezzle- ment as a clerk, &c. not to be acquitted if offence be proved larceny, and vice versa.
On indictment for jointly receiving, party convicted of separately receiving may be convicted.
In the same in- dictment, separ- ate accessories or receivers may be included in ab sence of principal felon.
Three larcenies from the same person within six
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