ON THE LAW OF CRIMINAL PROCEDURE; 1, NH. OR, PLEADING, EVIDENCE, AND PRACTICE IN CRIMINAL CASES. BY JOEL PRENTISS BISHOP. SECOND EDITION, REVISED, REARRANGED, AND ENLARGED. VOL. I. BOSTON: LITTLE, BROWN, AND COMPANY. Entered according to Act of Congress, in the year 1866, by JOEL PRENTISS BISHOP, In the Clerk's Office of the District Court of the District of Massachusetts. Entered according to Act of Congress, in the year 1872, by In the Office of the Librarian of Congress at Washington. 339305 CAMBRIDGE: PREFACE TO THE SECOND EDITION. THE first edition of this work appeared about five years ago. The edition was large; consequently the work is now in many hands. I regret, therefore, the necessity of rearranging it, and changing the numbers of the sections. But this cannot be avoided, since it is an inseparable part of a plan by which I hope to render my books on the Criminal Law more complete, and consequently more useful to the profession. Immediately following this Preface a "Table of Parallel Sections" will appear, by means of which the reader can find in this edition any section referred to in the old, unless it should be a section not retained in the present reprint. When I was preparing to write the original work, I examined all the cases, English, Irish, and American, and took notes of them, with extracts of opinions by the judges; not commencing to write until in this way I had gone through with all the reports. I found the number of cases, especially the American, to be immense, and my collected material to be of very great bulk. To go over the entire ground indicated by my collected cases, and especially to cite them all, was impossible, unless I had swelled the work beyond all bounds. I therefore |