coke Report40a Young case Trin Elizabeth in the king bench in a indictment for  murder to hand over One hunting net subject to death circiter pectus be not a  sufficient description of the part in which the mortal wound be if in a  indictment for murder it be aver that the person murder die de wound et  hunting net prediction if one of the wound be incertainly allege it make the  indictment insufficient as to all if upon a sudden affray the constable and  his assistant cone by authority of law to suppress the affray and preserve the  peace and in execute their once the constable or any of his assistant be kill  it be murder although the murderer do not know the party kill the same law in  the case of a sheriff or any of his bailiff or other officer and in the case  of a watchman at the assize hold at Sussex fever year Elizabeth before the  justice of assize h young W garland and other be indict de eastern quad Self  sexto Augusti year Elizabeth way et arms videlicet sword c at lews predict en  ill will shall praecogitatis in and dam thomam butcher recently de lews c  yeoman adtunc et ibidem in pace God et speech dom queen exist insultum et  affrariam to make et pillage W garland cum to make one sword de of iron et  chalibi ad valentian five undivided who idem Willihelmus in manu svan dextran  adtunc et ibidem to have et to hold violent et felon et ex ill will svan  praecogitata a saying beforehand Thomas butcher adtunc et ibidem percussi to  hand over eiden thomae butcher adtunc et ibidem One hunting net coke Report40b  subject to death super facien Self t butcher et cum pillage sword amputavi  masum suum a fancy svan parten a lip quorum ac parten lie Himself voc the chin  et pillage Henry young cum in elsewhere sword c ut above say beforehand  advance t butcher adtunc et ibidem percussi a et perforavi to hand over eiden  t butcher adtunc et ibidem One alian hunting net subject to death circiter  pectus usque ad ossa upper arm Self t butcher latitude One thumb et dimid et  depth seven pollici de who indeed hunting net et wound such per say beforehand  advance W g et h you in form predict prius that speech t butcher eoden sexto  die Augusti year suprad at lews pillage in come pillage instanter to go et  pillage Thomas brewer pillage sexto die Augusti year say in addition to at  lews pillage in come pillage ex ill will svan praecogitata to be felon feel or  perceive beforehand abettans procura conforta et to give help say beforehand  advance h you et W g ad felon et murdrum pillage in form pillage faciend  exequend et perpetrand contra peace speech dom queen crown et rank svan et  such a swearer pillage to say super sacrament suum quod pillage h you W g et  Thomas brewer say beforehand advance thomam butcher pillage sexto die Augusti  year say in addition to at lews pillage in come pillage felon et ex ill will  nest to ponder beforehand modus et form pillage interfecer et murderaverunt  contra peace c and it be move that this indictment be insufficient because  tenant hunting net mortal b circiter pectus be altogether incertain for it may  be in the neck or in the arm or in the belly and indictment ought to express  in certain as well as in what part the mortal wound be as the depth and  breadth of it a that it may appear to the court to be e Inst f postea a a a a  Bulstr b postea a Bulstr Bulstr roll Rep Inst hale p a east p a a Vid note c  near be case v p a coke report a er p mortal and because it be say that he die  de wound et hunting net pillage and one of they be incertainly allege it make  the indictment insufficient as to all quod to be concession per totan curian  and it be say that the indictment ought to have be that if the party do not  die of the first wound that he die of the other wound and that be the common  course ad quod non to be responsum and in this case it be hold per totan  curian that if upon a affray the constable and c other in his assistance come  to suppress the array and preserve the peace and in execute their office the  constable or any of his assistant be kill it be murder in law although the  murderer know not the party that be kill and although the affray be sudden  because the constable and his assistant come by authority of law to keep the  peace and prevent the danger which may ensue by the breach of it and therefore  the law will adjudge it murder and that the murderer have malice prepense  because he set himself against the justice of the realm so if the sheriff or  any of his bailiff or other coke Report41a officer be kill in execute the  process of the law or in do their duty it be murder the same law of a a  watchman who be kill in the execution of his office b