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336 1788.  for the protection of society, it was essential that the injury should be stated to have been perpetrated seceretly, as well as maliciously; which, last he said was a word of mere form, and capable of an indefinite application to every kind of mischief. To shew the leading distinction between Trespasses, for which there is private remedy, and crimes for which there is a public prosecution, he cited Hawk, Pl. Cr. 210. lib. 2.c.s. 4. And he contended that the principle of several cases, in which it was determined an indictment would not lie, applied to the case before the Court. 2Stra. 793. 1 Stra. 679.

The 