A Treatise On the Law of Slander And Libel And Incidentally of Malicious Prose
A Treatise On the Law of Slander And Libel And Incidentally of Malicious Prose
Thomas Starkie
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Lewis, 2 Sir. 1122. And Ford's M. S. The case of Legjjalt y. Tollervey, above cited, overruled that of Giiirin v. Phillips, Monmouih summer assizes, 1763, where Adams, B. Held, that a copy of ihe record in felony ought not to be received, unless it had been ordered by the judge (see Selw. N. P. 1063). But he held that in all ca- ses of indictments for misdemeanors, a defendant is entitled to a copy of the record. And the same distinction was taken by Lord Mansfield, C. J. In Mor- rison V. Kelly..., 1 Bl. R. 385, where the prosecution, however, had been for a misdemeanor. Among the orders and directions to be observed by justices of the peace, at the Old Bailey, 2 G. C. 2. Prefixed to Kelyng's Crown Cases, is one which directs " that no copy of any indictment for felony be given without special order, or motiim made in the open court, at the general goal delivery ; because the late frequency of actions against prosecutors, which cannot be with- out co|>ies of the iiidctments, deterreth peo^jle from prosecuting for the kin"' upoa just occasions.
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