JB/050/004/001

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Circumstances alledged in Indictments are
either such as influence either the nature of the
<add>degree </add> guilt that is either</del> the nature of the crime:
that is the bring it under one species of
punishment, as under an rather than another: or such
as influence the description of the individual fact, in
question

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Let it be put to the Jury to determine
The several circumstances heads of narration proper to be ascribed
upon in the several Indictments for several sorts of Indictments
for the several sorts of offences being
ascertained and number'd. If the allegation Indictment
be erroneous (in point of fact) that is if it disagree with the Evidence given with respect to
any of these heads, let it be put to the Jury
to decide whether it shall be amended
or no. If it should appear to them, after
hearing th what the Deft has to allege upon

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of reason, would be the real history of the
transaction as it happened.

This expedient would get rid of the objection
that is made against the putting of the
of fat Deft's fate so much into the
power of the Judge, as to leave it to him
to determine whether an allegation in the
Indictment is a material or as: that is
whether the alteration of the Indictment in that
behalf case is such as can or can not prejudice
the Deft.
Indictment. Jury to judge of facts.

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the occasion, that had the matter in question
been charged in the way it appears by
the evidence given for the prosecution, the
Deft might have had produced other evidence
on his part to disprove or avoid the
evidence given against him, then let that
verdict be that the Indictment abate be quashed:
leaving it to the Prosecutor to bring another
Indictment in which the charge matter in question
may be represented according to what is apprehended
to be the truth of the case.
If not, then let the Indictment be alter'd
according to the instr by the Prosecutor, with the consent and according
to the minute of the Judge] according
to the finding of the Jury.

By this means, the Record of every Indictment
instead of being a bundle of falshood,
in point of fact, and of absurdities in point

Identifier: | JB/050/004/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	004	Info in main headings field	indictment. jury to judge of jeofails
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15995
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