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Loccs.

Found article.

Uttering.

tude is allowable in the case of theft of a found article, as it may be difficult to specify the place of the change

of the innocent possession into felonious appropriaForgery and In- tion (1). In forgery and incendiary letter cases, the cendiary letter.

forgery or writing being insufficient of itself to warrant punishment; the prosecutor is not compelled to state accurately the place of the forgery, or of the writing, provided he specify the place of the using or uttering (2). In the case of uttering considerable latitude may be permissible. Where a forged writing is posted, the prosecutor, if he cannot prove the posting, may take such latitude as will enable him to make out his case by proving the reception of the writing by the person

to whom it was addressed (3). In bigamy place In bigamy, the place of the first marriage must be of first inarriuge.

specified (4), but a reasonable latitude is allowed (5). Crimes involving Crimes involving a tract of time, such as rebellion,

conspiracy, mobbing, enticing men to enlist in foreign

service, and the like, are cases where latitude in statRepeated crime. ing the locus is allowable (6). In cases of repeated

crime, such as incest, the prosecutor if he libel particular acts, may add a general statement of a continued

crime, the particular places of its commission being Concealment of unknown (7). And in concealment of pregnancy, it is

sufficient to set forth the place of birth, and aver the

tract of time,

pregnancy.

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1 John Smith, H.C., March 12th 1838; 2 Swin. 28 and Bell's Notes 198.

2 Hume ii. 214, 215, and cases of Campbell : Raybould: Herries : Macaffee : Reid: Brown : and Brown and M‘Nab there, and case of Macneil and O'Neil in note 1.ii. 217 and cases of Fraser: Ed. wards : Gemmell: and Rennie there.-Alison ii. 271, 272.-Alex. Humphreys or Alexander, H.C., April 29th, 30th, and May 1st 1839; 2 Swin. 356 and Special Report, and Bell's Notes 213.

3 Jas. Fairweather, H.C., Dec. 2d 1861; 4 Irv. 119.

4 Alison ii. 273.-John Braid alias Baird, Feb. 24th 1853; Shaw 98.

6 John Armstrong, H.C., July 15th 1844 ; 2 Broun 251.

6 Hume ii. 217, 218, and cases of Cameron : and Stirling and others there, and case of Macgibbon in note 2.--- Alison ii. 274, 275.—Thos. Whitfield and others, H.C., July 28th 1843; 1 Broun 609.

7 Hume ii. 218, 219, and cases of Fraser : Nicolson and Maxwell: and Haitly there. - Alison ii. 274, 275.

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prevented.

previous concealment, without specifying the places at Locus.
which the accused may have been during its continu-
ance (1).

If the circumstances of the discovery of a crime Circumstances of make it difficult to fix the locus, the same allowance ing latitude will be made. E.g., in a case of murder, the place where the body is found may be far from the place of the murder (2). But the allowance to be made is in the discretion of the Court. A great latitude will not Undue latitude be permitted, unless it is thought reasonable in the particular case (3)

Where several acts make up the offence, as where Failure to libel a forged document is given to an agent to be uttered, act fatal. the place of the completion of the offence must be set forth (4). But if that place be given, the place where Place of subse subsequent consequences happen need not be set forth. essentiul. Thus, in a case of murder, it is sufficient to say that the deceased “immediately or soon thereafter died," though his death may have happened at a different place from the offence (5). In the case of a continued Lorus changed crime, such as an assault, the locus of which is changed sion. by the flight of the injured party into a house, where he is followed and again assaulted, if the description of the second locus be incorrect, no proof in regard to it will be allowed. And this holds, if the description be misleading, even though it be unnecessary, and the words "an adjoining house ” would have been sufficient without any specification. Nor will the prosecutor be heard to plead, that having described the locus of the commencement of the crime correctly, an

during commis

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1 Hume ii. 218.

2 Alison ii. 273.-Thos. Braid and Mary Braid or Morrison, H.C., Jan. 27th 1834 ; 6 S. J. 220 and Bell's Notes 214.--Mary Wood, H.C., Nov. 7th 1856 ; 2 Irv. 497 and 29 S. J. 5.- Margaret Hannah, H.C., Dec. 17th 1860 ; 3 Iry. 634.

3 Daniel Fraser, Glasgow, Sept.

26th 1861 ; 4 Irv. 99.

4 John Spiers and others, H.C., March 25th 1836; 1 Swin. 163 and Bell's Notes 206.

5 John Stewart and Catherine Wright, July 14th 1829; Bell's Notes 209.-See also the case of David Walker, Stirling, Sept. 3d 1836; Bell's Notes 209.

Locus.

“TIME AND

PLACE ABOVE " LIBELLED."

error in the description of the place where it was continued is unimportant (1).

Where a crimen continuum is partly committed in Scotland and partly in another country, it is not a good objection to an indictment that the locus of some of the acts done in carrying out the offence is set forth as being in the

other country (2). Inventories. Where a number of acts are to be libelled as committed at different places, the particular places may

be referred to as set forth in inventories.

The statements of time and place having been made, it is not necessary to repeat them, if there is occasion to refer to them again. Such words as “then and

“ “there,” or “time and place above libelled,” suffice. Where two crimes were charged alternatively, and the first was libelled as committed at one or other of two places, while the alternative charge stated the

locus as “ place above libelled," these words were held Assault charged to embrace the whole previous statement (3). On the

, robbery, as then other hand, in a case of assault and robbery, where

several places were libelled in the charge of assault, coupled together by the words “as also," and the robbery was said to have been committed “then and

' “there," the locus of the robbery was held insufficiently

described, there being no statement that the particular Locus changed. place of the robbery was unknown (4). And where

1 Jas. Cairns and others, H.C., case of Euphemia Muir and others, Dec. 18th 1837 ; 1 Swin. 597 and Glasgow, Dec. 23d 1841, the indictBell's Notes 207.

ment of which will be found in 2 2 John Mackay or Mackey, H.C., Swin, 634 :—“Court held, and Lord Nov. 26th 1866 ; 5 Irv. 329 and 39 " Mackenzie stated to jury, that S. J. 43 and 3 S. L. R. 54.-See “the ‘then and there' applied to also Will. E. Bradbury, H.C., July "all or any part of the description 25th 1872; 2 Couper 311 and 45 of the streets ” in the specificaS. J. 1.

tion of the second assault. 3 Will. Brown and others, Nov. 4 Jas. Gilchrist and Mary Kee12th 1832; Bell's Notes 211 and 5 gan, Glasgow, Dec. 28th 1859; 3 S. J. 112.-Arch. Wallace and Irv. 517 and 32 S. J. 157. (The David Dalziell, H.C., July 20th rubric states the objection to have 1857 ; 2 Irv. 699 and 29 S. J. 577. applied to the charge of assault -The following occurs in Lord whereas it applied to that of robJustice Clerk Hope's MSS. in the bery.)

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PLACE ABOVE

charges, then "and there" refers to original

the accused was charged with assaulting a person in "TIME AND Gallowgate Street, dragging him into Barrack Street, “LIBELLED." throwing him down, and "then and there" robbing him, the charge of robbery was held to be confined to Barrack Street (1). Where the charge is continuous, as in a case where the birth of a child and its immediate murder are detailed, the words "then and there," or "immediately or soon after the birth of the said "child," are quite sufficient to couple the murder with the time and place of the birth. Again, where alter- Alternative native modes of committing the same offence are charged, the words "then and there," in the latter place. alternative, sufficiently refer to the statement of time and place at the outset of the first charge, although other places have been mentioned in the narrative of that charge. Thus, where the accused was charged with giving birth to a child at a certain time and place, and thereafter throwing it from a window, so that it fell on an outhouse in another street, and then proceeded to charge alternatively, "or did you then " and there," &c., the objection that the word "there" must be held to apply not to the place first set forth, but to the other street, which had been last mentioned, was overruled (2).

1 John Ross, Glasgow, Sept. 1839; Bell's Notes 208.

2 Ann M'Que, H.C., Feb. 20th 1860; 3 Irv. 552 and 32 S. J. 478.

The absence of a reference to a previous statement New charge, not containing reof time and place may be fatal. In a case of theft ference to time and place. and reset, though it was obvious that the meaning of the charge was that the reset had followed instantly on the theft, it was held fatal that the prosecutor did not state any time of the reset (3). On the other Alternative mode hand, if an alternative mode is libelled, in charging one charged, first crime, without a distinct and separate narrative, the and place may statement of time at the commencement may override the whole. Thus, where the accused were charged

of same offence

statement of time

3 Rob. Wylie v. Agnes Richard. son, Glasgow, April 26th 1820; Shaw 49.

"Immediately or 66 soon after "

"TIME AND
"PLACE ABOVE
"LIBELLED."

with stealing a man's watch from his person at a cer-
tain time, and the libel added, "or did all or each or

"6

""

one or more of you, within or near the said common "stair or entry, wickedly and feloniously steal," &c., the said watch, the property of, &c., "the said watch having fallen from his person or been otherwise left "there;" it was held that treating the libel fairly, the first statement of time applied to the whole charge (1). In another case, after charging desertion of a child at a time and place, and leaving it exposed to die, the libel proceeded, "or at all events you did

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wilfully," &c., without any new statement of time and place. The charges, though objected to on other grounds, were both sustained, each being held a good Two acts consti- charge (2). Where two acts make one crime, and the

tuting one offence, one statement may

fair reading of the charge is that they were simuloverride whole. taneous, the Court will not necessarily reject an indict

ment because the act last stated has not before it a
statement of time and place. In a case of culpable
homicide, where two parties were involved, one by
leaving his cart without any one in charge, and the
other by furiously driving past the cart, and so making
the horse run off, though the charge did not say that
the furious driving took place at the same time that
the other horse had been left alone, the whole charge
was read as a continuous narrative, its fair meaning
being that both faults were simultaneous (3).

MODUS.

In noticing the form of the statement of facts. alleged as inferring guilt, it will conduce to clearness to separate as far as possible the observations upon the mode of stating the substantive charge from matters of aggravation.

1 Mary Reid or Whiteside and others, H.C., March 3d 1856: 2 Irv. 393.-It would have been better to use some such words as "time above libelled."

2 Elizabeth Kerr, H.C., Dec 24th 1860; 3 Irv. 645.

3 John Ross and others, Inverness, April 14th 1847; Ark. 258. -This case probably affords an instance of a greater relaxation of strict rule than would be held permissible at the present day.

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