the-ordinances-of-the-legislative-counci-1890 — Page 305

ORDINANCE No. 4 OF 1852 . 269


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 Similarly with
party indicted
was committed , but an assault with intent to rob, the defendant shall not be therefore for robbery.

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 in evidence amount to Party indicted
for misdemean
a felony, the defendant shall not be therefore acquitted of such misdemeanour ; and our not to be
acquitted if the
offence be
no person tried for such misdemeanour shall be liable afterwards to be prosecuted for proved felony,
unless Court so
felony on the same facts unless the Court shall think fit in its discretion to discharge direct.
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 Party indicted
for embezzle
amount to larceny, the defendant shall not therefore be acquitted, but the jury shall ment as a clerk,
&c. not to be
acquitted if
return a verdict of not guilty of embezzlement, but guilty of simple larceny, or larceny offence be proved
larceny, and
as clerk or servant, as the case may be, and thereupon the defendant shall be punished vice versa.
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 On indictment
for jointly
perty, it shall be proved that one or more of them separately received any part thereof, receiving, party
convicted of
the jury shall convict upon such information such of the said persons as shall be proved separately
receiving may be
convicted.
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 In the same in
dictment, separ
amenable to justice, although several accessories to such felony or receivers at dif ate accessories or
receivers may be
included in ab
ferent times of stolen property the subject of such felony, are in custody or amenable sence ofprincipal
felon.
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 Three larcenies
from the same
person within six
same defendant for any number of distinct acts of stealing , not exceeding three, com