Place where offence may be tried. Prior and subsequent letters may be given in evidence. The statute 9 Geo. I. c. 22. provides that offences against that act may be tried in any county of England; but no such provision being made with respect to offences within the other statutes, the trial of such offences must be governed by the general rule. Upon this rule there is no doubt but that the trial may be in the county in which the prosecutor received the letter by the post, though delivered by the prisoner and put into the post in another county. (1) And it seems that the prisoner may be tried in the county in which he sends the letter, though the prosecutor may receive it in another county. For as the offence described in the statutes is that of sending the threatening letter, it should seem that it is complete, as far as depends on the prisoner, by his putting the letter into the post-office to go into another county: and that by his act of putting the letter into the post-office in the county of A., he sends it (in the language of the statutes) to the prosecutor, though the latter may afterwards receive it in the county of B. (m) From a case which was cited in a former part of this Chapter, it appears that prior and subsequent letters, from the prisoner to the party threatened, may be given in evidence as explanatory of the meaning and intent of the particular letter on which the indictment is framed. (n) (2) Girdwood's case, 1 Leach 142. 2 East. P.C. c. 23. s. 4. p. 1120, ante, 1842. where the letter was received by the prosecutor in Middlesex, and the trial had in that county, though the letter was delivered by the prisoner to a woman in London, and by her put into the office which was also in London. Esser's case, 2 East. P. C. c. 23. s. 7. p. 1125. where the offence was laid in Middlesex, though the letter was dated from Maidstone, in Kent, and sent by the post from Maidstone; and Lord Mansfield held that as the letter was directed to the prosecu tor in Middlesex, where it was delivered, that was a sending in Middlesex, and that the whole was to be considered as the act of the defendant to the time of the delivery in that county. (m) 2 East. P. C. c. 23. s. 7. p1125. 3 Burn. Just. Letter. And see Lloyd's case, ante, 1850. (n) Robinson's case, ante, 1839. persons taking away a maid under sixteen, from parents 829 destroying infants in the mother's womb 796 administering poison, &c. to procure miscarriage of 796 administering medicines, &c. to women not quick with in felonies created by statutes differ from principals in the second degree their offence derivative from that of the principal. description of indifferent statutes by the intervention of a third person accessorius sequitur naturam sui principalis where the principal varies from the terms of the insti- 39 41 41, 42 42 43 44 45 gation 45 ACCESSORIES, where the principal commits a different crime by receiving, comforting, &c. the felon in offences created by statute Page 46 48 48, 60 49, 50 50 39, 51 52 53 must know of the felony being committed proceedings against accessories-indictment, &c. trial, where the principal offender has been con- the accessory may controvert the guilt of the county where the trial may be had in cases where the offence was committed upon the high seas ACCESSORIES IN PIRACY 56, 57 1736 140 rescue of the party arrested meanors blank warrants opposing arrest upon criminal process arrest of persons escaping from Great Britain to Ire- authority of officers and others to arrest, in cases of felony . authority to arrest and imprison in cases of misde there must be a legal officer and legal process notice of the authority to arrest 519, et sequ. 522 530 723 723 726 732, et sequ. 735 737 by officers interposing in the case of riots and affrays 738 |