A Treatise on the Law of Slander and Libel; And Incidentally of Malicious Prosecutions Volume 1-2

A Treatise on the Law of Slander and Libel; And Incidentally of Malicious Prosecutions Volume 1-2

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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. 1858 edition. Excerpt: ...for perjury, upon 'the ground of a mate-"382 rial variance between the aflidavit and the indictment, the letter s being left out of the word understood. We have looked into all the cases on the subject, some of which go to a great length Of nicety indeed, particularly the case in Hutton, where the word indicari was written for indiclari, but that case is shaken by the doctrine laid down in Hawkins (f). i " The true distinction seems to be taken in the Queen v. Drake (g), Which is this; that where the omission or addition of a letter does not change the word so as to make it another word, the variance is not material (It). If theomission, even of a letter, render a word of a different signification from that contained in the libel, the variance seems to be fatal (1'). AS when the word not was stated instead of nor, ' for, it was said, if, In such a case, a letter could be amended, why not a word, why was Hot so small a variance of a letter as in false spelling or abbreviations, as if gaine instead of gain, where the Word and sense would be the same; but that, in the prineipal '38? (cl Tatar! v. Tipper, 1 Camp. 350; (I1) 3 Salk 224and see Sidnnm v. Jifuyo, 1 R011. R429. (8) Leach, 0-Q L-158Cro. J. 407, nnd quuere, whether if the (f) 2 Hawk. Pl. C. 0. 46. s. 190. Pusnges set out purported to be continu (g) Salk. 660. Oil! passages, when, in fact, they were ex-(Ii) See Hurt's case, Leach C. C. L. 172. tfuied from various parts of the publica-Douglass 191. Starkie on evidence, tittion, the variance would not be fatal. Variance. case the words were difl'erent and of ditlerent signifieations; difi'erent parts of speech, the one an adverb, the other a conjunction; the one positive, the other relative. It was observed, ...show more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236758641
  • 9781236758644