Trial by Combat Limited
In an appeal of death, appellee waged his battle, Held that the counterplea to oust him of this mode of trial must disclose such violent and strong presumptions of guilt, as to leave no possible doubt in the minds of the Court. And therefore a counterplea which only stated strong circumstances of suspicion, was held to be insufficient. Held also that the appellee may reply fresh matter tending to shew his innocence, as for instance an alibi, and his former acquittal of the same offence on an indictment. But quaere where tbe counterplea is per se insufficient, or where the replication is a good answer to it, whether the Court should give judgment that the appellee be allowed his wager of battle, or that he go without day.
[1818] EngR 3, (1818) 1 B and A 405, (1818) 106 ER 149
Commonlii
England and Wales
Litigation Practice
Leading Case
Updated: 01 November 2021; Ref: scu.332003
