Biers (1834) 1 A. & E. 327, the objection to the indictment was upheld on the ground that it misrecited an Act of Parliament ... East P. C. 837, is an authority for the proposition that an indictment for obtaining-property by a false pretence must not only expressly allege
41CAL1072
JUDGMENT
Stephen, J.
1. The accused in this case has been indicted under five counts. These are, first, the murder of Nripendra Nath Ghose ... legal effect.
3. To every remaining charge of the indictment, that is, to the second, third and fifth he pleaded "not guilty
objection to the indictment was upheld on the ground that it misrecited an Act of Parliament (2 Hawkins P.C. Bk. II. Chap ... authority for the proposition that an indictment for obtaining proper by a false pretence must not only expressly allege that the pretence was, false
duplicity' not of misjoinder."
10. In England, however, an indictment is said to be double' when an accused has been charged with ... having committed two or more offences in one fount of the indictment. This I should have thought was a misjoinder. Further, the learned Judges
that the mere fact of a fine no more shows that an indictment is a criminal proceeding; than the ancient fine in trespass. As pointed ... where it was ruled' that an indictment for the obstruction of a highway intended to effect the removal of a nuisance is in substance
fact that Basanta Singh was a co-accused with him in the indictment under which the commitment had been made. While I entirely agree with ... indicated above the fact that the appellant conspired with Basanta Singh (the indictment in both the trials setting out a conspiracy between the two persons
subject-matter or series of transactions and properly brought together in one indictment.
6. In this connexion it may be desirable to point out that ... there has always been, an important branch of the law as regards indictments which is referred to sometimes as the doctrine of surplusage. A very
proviso that notwithstanding anything in the Act, it should be lawful to indict any person amenable to Her Majesty's Supreme Court ... Chamber by 16 Char. I. c. 10. Ordinarily misdemeanour was punishable by indictment or information, but when it was a contempt of Court
Statute law in England the thief and the receiver may be indicted jointly and tried together at the same trial, and in my opinion ... also contended that, inasmuch as all the prisoners might have been indicted and tried jointly for stealing the articles, which were found in their possession
public. Under the English Common Law, a public nuisance is an indictable misdemeanour; criminal proceedings are also sanctioned by particular statutes in particular oases ... entirely on English authorities which lay down the difference between proceedings by indictment and by civil action. Then there occurs the following passage
