Another Ralph Lauren UK Sale cafe, which I take to be an exception to the general rule contended for in behalf of the prisoners, is, when by the indulgence of the court, and the consent of the Ralph Lauren UK Sale attorneygeneral, the trial of the issue goeth off after the jury sworn and charged; in order to intitle the prisoner to some advantage in point of defence, which in the rigour of the law polo ralph lauren uk could not otherwise be intitled to.
And this,Ralph Lauren UK Sale apprehend, appeareth from the cafe of Rook- 4St.Tri. 64?. wood, which also was cited at the bar.
In that cafe the jury was sworn and charged, and the indictment opened by the King’s counsel. The prisoner’s counsel then offered some exceptions to the indictment, apprehending, as they said, that since the act of 7th King W. declareth, that the exceptions therein mentioned shall not be taken aster evidence given, the prisoner, by a favourable construction of the act, had liberty to take exceptions at any time before evidence.
The court was unanimously of opinion, that the prisoner’s counsel had lapsed their time for taking any exceptions at all: that the proper time for taking exceptions is before iflue joined, or at least before the jury sworn.
And yet Ralph Lauren UK Sale being a case of life, and on a new act of parliament, the court did agree that, in that instance only, the counsel mould be at liberty, with the ralph lauren outlet consent of the attorney-general, to take their exceptions; confining themselves to the exceptions mentioned in the act, of which they could not have the benefit in arrest of judgment.
The ralph lauren outlet prisoner’s counsel declined to enter into their Ralph Lauren UK Sale exceptions under that restriction, and so the trial went on. But
(• See the cafe of T.l’mtbtth MtoJeiu,p. 76.)
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had exceptions under she restrictions of that act been taken and allowed, the indictment must have beeri quashed, and the jury then sworn and charged must have been discharged without giving a verdict.
Lord Chief-Justice Holt did not come readily into the expedient, proposed by the rest of the judges, of letting the prisoner’s counsel into their exceptions, even with the consent of 4&.TP. 666. the attorney-general; and in the conclusion deelareth, that tho attorney co.ijd not consent to it, unless bt would also consent t» discharge the jury.
These are his words, as ralph lauren outlet have taken them from the printed trial. His lordship surely at that time entertained no doubt, that at the prayer 0/ the prisoner and his Ralph Lauren UK Sale connfel, and with the consent of the attorney-general, a jury sworn and charged in a case of high treason might be discharged. The other judges present (who were the Lord Chief-Justice of the Common Ralph Lauren UK Sale Pleas, the Lord Chief-Baron, and four of the puisne Judges) must certainly be of the fame opinion ; otherwise they would never have given way to the taking of exceptions, which if they had been allowed must have ended in discharging die jury, and at the same time could not, in the Ralph Lauren UK Sale nature of things, have operated, so as to discharge the prisoner from answering to another indictment for the same offence.
It is said, on the Ralph Lauren UK Sale authority of a very short and imperfect note in Carthew, that, in less than two years afterwards, all the judges of England upon debate among themselves came to a resolution, that in capital cases a juror cannot be withdrawn, though all parties consent to Ralph Lauren UK Sale.
Ralph Lauren UK Sale was very properly asked by the counsel for the crown, Upon what occasion this debate among the judges was had ? Whether any case was then depending in judgment before them which gave rise to the conference, and which was to be governed by this ralph lauren outlet resolution, and what were the particular circumstances of that case, if any such there was ? These questions, I fay, were very properly asked : for the true extent of all rules of this kind, however generally they may be penned, is, and always will be, in a great measure, adjusted by the circumstances of the case under consideration at the time when the tule appears to be given.