34. Indictment for a common assault.

(Commencement as in pr. 33.) And him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of. (Conclude as in pr. 33.)

35. Indictment for assaulting a constable in the execution of his office.

(Commencement as in pr. 33 to the *.) in and upon one E. F. (then being one of the constables (i) of the said parish of C. in the said county of D. in the peace of God and our said lord the king, and in the due execution of his said office, then and there also being,) did make an assault; and him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of. (Conclude as in pr. 33. and add a count for a common assault.)

36. Indictment for an assault and false imprisonment.

(Commencemeut as in pr. 33.) and him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and him the said E. F. then and there unlawfully and injuriously, against the will and without the consent of the said E. F. and also against the laws of this realm, without any legal warrant, authority, or justifiable cause whatsoever, did imprison and detain for a long time, to wit, for the space of hours then next following*. (Conclude as in pr. 33, and add a count for a common assauli.)

*

37. For the like and obtaining five guineas for discharging.

(As in the last to the *, and then add,) and until he the said E. F. had paid to him the said A. B..the sum of

(i) This is a sufficient allegation, that he was a constable, see p. 151. 159.; and the allegation would be satisfie

by

evidence, that he acted as such. ́ See Gordon's case, Leach, 581, 4 T. R. 366. 5 T. R. 607. 3 T. R. 632.

C C

five pounds and five shillings, of the monies of the said E. F. for his enlargement, and other wrongs, &c.

38. For the like, and obtaining a note for discharging.

And until he the said E. F. for his delivery from the said imprisonment, had signed and given to the said A. B. a note under the hand of the said E. F. whereby he the said E. F. promised to pay to the said A. B. the sum of ten pounds, &c.

39. Indictment for an assault with intent to ravish (k).

(Commencement as in pr. 33.) And her the said E. F. then and there did beat, wound, and ill-treat, so that her life was greatly despaired of, with an intent her the said E. F. against her will, then and there feloniously to ravish and carnally know. (Another count for a common assault.)

40. Indictment against two persons for assaulting a married woman, with an intent that one of them should ravish her.

(Commencement as in pr. 33. to the *.) In and upon E. the wife of one H. S. did make an assault, and her the said E. then and there did beat, wound, and ill-treat, so that her life was greatly despaired of, with intent that he the said J. H. should then and there feloniously, and against the will of the said E. ravish and carnally know her the said E. (Conclusion as in pr. 33, add a count for a common assault.)

41. Indictment for assaulting a woman with quick child, so that the child was brought forth dead.

(Commencement as in pr. 1.) In and upon M. the wife of one W. E. then and there being big with a quick child, did make an assault; and her the said M. then and there did beat, wound, and ill-treat, so that her

(k) If the offence of rape appears to have been actually committed, the prisoner should be acquitted, since the misde

meanor merges in the felony. See p. 38, note (r), Harmwood's case, East. P. C. 411.

life was greatly despaired of, by reason whereof she the said M. afterwards, to wit, on, &c. at, &c. did bring forth the said child dead. (Conclusion as in pr. 33.)

42. Indictment for assaulting one of the collectors of a turnpike in the execution of his office.

(Commencement as in pr. 1.) In and upon one E. F. (then and there being one of the collectors and receivers of the monies payable by virtue of a certain act of parliament made in the thirteenth year of the reign of his present majesty king George the third, intituled, “An act to explain, amend, and reduce into one act of parliament the general laws now in being for regulating the turnpike-roads in that part of Great Britain called England; and for other purposes," and in the execution of his said office, then and there also being,) did make an assault, and him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of. (Conclude as in pr. 33. and add a count for a common assault.)

43. Indictment for an assault on a boy, with an intent to commit sodomy.

(Commencement as in pr. 33. to *.) in and upon one J. H. an infant of the age of ten years, did make an assault; and him the said J. H. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of, with an intent that most horrid, detestable, and sodomitical crime (among Christians not to be named) called buggery, with the said J. H. against the order of nature, then and there feloniously and wickedly to commit and do, to the great displeasure of Almighty God. (Conclude as in pr. 33, and add a count for a common assault.)

44. Indictment for an assault, with an intent to murder (1). (Commencement as in pr. 33. to *,) with a certain drawn.

(2) If upon evidence it appear, that the offence (if the party had been killed) would

have amounted to manslaughter only, the defendant should be acquitted on the first count.

sword, which he the said A. B. in his right hand then and there had and held, in and upon one S. W. did make an assault, with an intent bim the said S. then and there feloniously, wilfully, and of his malice aforethought, to kill and murder. (Conclusion as in pr. 33. and add a count for a common assault.)

45. Indictment for assaulting the driver of a chaise, and with the off-wheel of a cart overturning the chaise.

(Commencement as in pr. 33. to the *,) in and upon one R. C. in the peace of God and our said lord the king, and in a certain chaise drawn by one horse, in the king's highway, then aud there being, did make an assault; and that the said A. B. then and there driving one horse drawing a cart, did then and there, in the highway aforesaid, unlawfully, maliciously, and violently, drive the said horse, so as aforesaid drawing the said cart, to and against the said chaise, and by such driving did then and there, in the highway aforesaid, unlawfully and maliciously force the said cart against the said chaise; and that he the said A. B. with the off-wheel of the said cart, did then and there, in the highway aforesaid, unlawfully and maliciously overturn the said chaise, in which the said R. C. then and there was as aforesaid, by means of which overturning of the chaise aforesaid, he the said R. C. then and there was grievously hurt, bruised, and wounded. (Conclude as in pr. 33. and add a count for a common assault.)

46. Indictment for an assault and beating out an eye.

(Commencement as in pr. 33 to *.)

In and upon M. the wife of one J. W. violently did

The defendant, a soldier, in marching in file along the Strand, wantonly jostled the prosecutor off the pavement, who thereupon struck him with a small stick which he had in his hand, on which the defendant aimed a blow at the prosecutor with his bayonet fixed on his musquet, and thrust him

under the ear; and Lord Kenyon being of opinion, that if death had ensued, it would have been manslaughter only, directed an acquittal on the first count. Mitton's case, East. P. C. 411. Bacon's case, 1 Lev. 146. 1 Sid. 230. Staundf. 17.

make an assault, and her the said M. then and there did beat, wound, and ill-treat, so that her life was greatly despaired of *; and that she the said A. B. with her right hand, the said M. in and upon the left eye of her the said M. then and there unlawfully, violently, and maliciously did strike; by means whereof, she the said M. then and there the use, sight, and benefit of her said left eye entirely lost, and was deprived of; and also, by means of the premises she the said M. became sick, weak, languid, and distempered, and remained and continued so sick, weak, languid, and distempered for a long time, to wit, from thence until the day of the taking of this inquisition. (Conclusion as in pr. 33, and add a count for a common assault.)

47. For the like, and tearing the hair off the prosecutor's head.

And also that she the said A. B. did then and there unlawfully and injuriously seize and take hold of the said M. by the hair of her head, and did then and there, with great force, wrath, and violence, pull and drag the said M. by the same, by means whereof she the said A. B. did then and there unlawfully, cruelly, and injuriously pull and tear the hair of the head of her the said M. off by the roots; whereby the head of her the said M. was griev ously wounded and hurt, and also she the said M. was put to great pain and torture. (Conclusion as in pr. 33.)

48. Indictment for an assault, and encouraging a dog to bite.

(Commencement as in pr. 33.) And did then and there unlawfully incite, provoke, and encourage a certain dog of and belonging to the said A. B. to bite him the said E. F. by means whereof the same dog did then and there grievously bite the said E. F. in and upon the right leg of him the said E. F.; and the said leg of him the said E. F. was thereby grievously hurt and wounded. (Conclusion as in pr. 33.)

49. Indictment for an assault, and rescuing goods distrained for rent.

That on, &c. and continually afterwards, until the 25th