coke Report44a vaux case pasch Elizabeth in the king bench disapprove r v  aylett t r in a indictment for murder by administer poison it must be express  allege that the person murder receive and drink the say poison he who  malicious and with intent to kill procure another to drink poison be a  principal murderer although he be not present at the time of the take the  poison the plea of auterfois acquit be a good plea only when the acquittal be  upon a indictment sufficient in law if a man be convict either by verdict or  by confession upon a insufficient indictment and no judgement be give thereon  he may be again indict and arraign but if upon a insufficient indictment of  felony judgement of sus per coll be give and so the party attaint he can be  again indict and arraign until this judgement be reverse by error William Vaux  at the session of peace for the county of Northumberland hold Julii year  Elizabeth before the justice of peace of the same county be indict of  voluntary poison of Nicholas Ridley which indictment be remove into the king  bench and in discharge thereof the say Vaux plead a that at another time so  Augusti year Elizabeth at Newcastle upon tine in the county of Northumberland  before the justice of assize of the same county the say Vaux be indict quad  cum Nich Ridley recently de W in come pillage arm jam death per many men aged  ante obituary suum bride to be cuidan margaretae of or belonging to a wife he  et no one exit to have pillage will Vaux recently de king in come c noble  cunningly cautiously et devilish to stretch out death venenationem et  destruction Self nicolai et god be in charge eye non to have of the tenth year  Elizabeth at W predict felon a voluntary et ex ill will svan precogitata  persuadeba the same Nichol To take back et to drink a certain drink mixtum cum  in b poison peremptory or urgent call c cantharides affirma et verifica eiden  Nich quod pillage drink such mix cum pillage poison peremptory or urgent call  tire non to be intoxicatus England poison send quod per reception ind pillage  Nich exit de corpore speech margaretae tunc wife of oneself to take care of et  to have ration pron  interrog  indeed a convincing et an urging pillage Nich  postea sure January year say in addition to at t in come n pillage ignorant  prediction totem cum poison in form predict before mix d send fide to hold  toward predict a convincing speech William To take back et drink per quod  prediction nicholaus immediate coke report b post reception poison prediction  per tres horas immediate sequent to be faint et postea pillage Jan year say in  addition to en venenatione et intoxicate pillage at t pillage a to go et such  pillage will Vaux felon et ex ill will svan praecogitata say beforehand  advance Nich voluntary et felon modus et form pillage intoxicavit to put out  of the way b et murdravit contra peace c upon which indictment the say Vaux be  arraign before the same justice and plead not guilty and the juror give a  special verdict and find stop pillage Nich Ridley to poison flit England  poison per reception pillage cantharides et quod pillage will Vaux non to be  feel or perceive beforehand tempore quo pillage a the record of acquittal must  be set out in a plea of auterfois acquit otherwise it will be bad rear v  builder m and S a Cr James b Inst c palm d Ventr a Cr James b   l a coke  report a er p Nich Ridley To take back pillage tire say utrum c and thereupon  judgement be give by the say justice of assize in this manner super alto look  et per cur hic comprehension omnibus et one to send forward pro eastern quod  to see cur hic super totan means per veredictum pillage in form pillage  compert quod pillage venenatio per reception tire et pillage management  pillage with ad procurand pillage Nich ad accipiend pillage tire modus et form  prout per verdict pillage compert to be non to be felon et murdrum voluntary  therefore considerate be quod pillage will Vaux de felonica et murdro pillage  indict pillage superius specificat nor de dictam felonica venenatione pillage  Nich Ridley in eoden indict naming eiden will impose eat without die and as to  the felony and murder he plead not guilty and first it be resolve per total  Miriam that the say indictment upon which I Vaux be so arraign be insufficient  and principal because it be not express allege in the indictment that the say  Ridley receipted and drink the say poison for the indictment be pillage Nich  ignorant pillage drink cum poison before intoxicatum send fide to hold toward  dict a convincing speech W To take back et drink per quod c a so that it do  not appear what thing he drink for these word poison pillage be want and the  subsequent word scilicet per quod predict n immediate post reception poison  predict c which word imply receipt of poison be not sufficient to maintain the  indictment for the matter of the indictment ought to be full express and  certain and shall not be maintain by argument or c implication because the  indictment be find by the oath of layman it be agree per curian that Vaux be a  principal d murderer although he be not present at the time of the receipt of  the poison for otherwise he will be guilty of such horrible offence and yet  shall be unpunished which will be inconvenient and mischievous for every felon  be either principal or accessary and if there be no principal there can be no  accessary because e assessory sequitur first and if any have procure Vaux to  do it he have be accessary before quod coke Report45a notam a special case  where the principal and accessary also shall both be absent at the time of the  felony commit it be resolve by the Lord Wray sir Thomas gawdy Clench and  Fenner justice that the reason of auterfoits acquit be because where the maxim  of commonlaw be that the life of a man shall not be twice a put in jeopardy  for one and the same offence and that be the reason and cause that auterfoits  acquit or convict of the same offence be a good plea yet it be intendable of a  b lawful acquittal or conviction for if the conviction or acquittal be not  lawful his life be never in jeopardy and because the indictment in this case  be insufficient for this reason he be not fixed by law modus acquietatus and  that be well prove because upon such acquittal he shall not have a action of c  conspiracy a as it be agree in e a b vide e and in such case in appeal  notwithstanding such insufficient indictment the abettor shall be inquire of  as it be there also hold and although the judgement be give that he shall be  acquit of the felony yet this acquittal shall not help he because he be not  fixed by law modus acquietatus and when the law say that a auterfoits acquit  be a good plea it shall be intend when he be lawful acquit and that agree with  the old book in e coroner d where it be agree if the process upon indictment  or appeal be not sufficient yet if the party appear by which all imperfection  of the process be save and be acquit he shall be discharge and if the appeal  or a when this case be cite in red v Hewlett mich Geo Mr justice full say it  have be considerable shake for on its authority a motion be make in arrest of  judgement in king v king vent and although in that book the decision do not  appear yet in keb the rule for arrest the judgement be discharge ms note of  the late h Bosanquet Esq of Lincoln inn c fitzg Stamf cor a b strange d Inst  Inst   b jenk cent hale p c e   light a palm latch a postea a tea fol a Bulstr  east b Inst Cr car h a c Inst palm Bridgm Br consp b Vid note to the poulterer  case   a d Bulst Stamf cor a f n b g palm coke report b er p indictment be e  insufficient as our case be there it be otherwise but if one upon a  insufficient indictment of felony have judgement quod suspend per coll and so  attaint which be the judgement and end which the law have appoint for the  felony there he can be again indict and arraign until this judgement be  reverse by f error but when the offender be discharge upon a insufficient  indictment there the law have not have its end nor be the life of the party in  the judgement of the law ever in jeopardy and the wisdom of the law abhor that  great offence shall go unpunished which be ground without question upon these  ancient maxim of law and state criminal non to withhold to stay behind  unpunished et impunity continuum disposition to assign to fail et minato  harmless who sparingly to do harm so if a man be convict either by verdict or  confession upon a insufficient indictment and no judgement thereupon give he  may be again indict and arraign because his life be never in jeopardy and the  law want its end and afterward upon a new indictment the say Vaux be try and  find guilty and have his judgement and be hang a j