Dickinson's Guide to the Quarter Sessions; and Other Sessions of the Peace

General Books LLC, 2013 - 474 sidor
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ...our sovereign Lady the Queen and the prisoners at the bar, whom you shall have in charge, and a true verdict give according to the evidence. So help you God." The crier then counts the jurors, as the clerk of the peace reads their names, and asks them' if they are all sworn." Swearing the Jury in Misdemeanours.--In cases of misdemeanours, the jurors are sworn four at a time, in the following terms: "You shall well and truly try the issue joined between our Sovereign Lady the Queen and the defendant, and a true verdict give according to the evidence. So help you God." The immemorial law and custom of England entitled the subject to a trial by twelve men sworn to deal uprightly with his case; and before 3 & 4 W. IV. c. 49 and c. 82 (post. sect. 10 of this chapter), the indulgence allowed to quakers, Moravians, and separatists, of giving testimony, even in capital offences, on their affirmation merely, was held not to enable them to serve on a jury impannelled to try an offender; so that, if one of them served on such a jury on his affirmation only, the conviction was null, and subject to reversal on error (A). At assizes, proclamation is made for information of felonies to the attorney-general, queen's Serjeant, &c. after the jury is sworn on each arraignment (i). No such absurdity is perpetuated at quarter sessions. Charging the Jury with the Prisoner in Cases of Felony.--On the trial of a felony a further preliminary form takes place of reading the indictment again, which is unnecessary in misdemeanours, where a defendant is entitled to a copy (k). It is termed charging the jury. This consists in the clerk of the peace again desiring the prisoner to hold up his hand, and addressing the jury: --"Gentlemen of...

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