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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Criminal Practice - From: 1200 To: 1799

This page lists 33 cases, and was prepared on 21 May 2019.

 
Case LXXXVIII 21 E 4, 1 Attaint, Challenge, Judgment [1220] EngR 307; (1220-1623) Jenk 141; (1220) 145 ER 98 (B)
1220


Natural Justice, Criminal Practice
In an attaint, it is a principal challenge that one of the petty jury is a tenant to one of the grand jury : for if a petty jury be convicted in the attaint, it will be a great prejudice to the seigniory ; for his houses shall be pulled down, and his meadows plowed. The statute of 23 H 8, cap. 3, for attaint, does not takae away the attaint at common law ; but ordains that no attaint shall be brought except in the King’s Bench or Common Pleas at Westminster, and not eIsewhere. In other actions, a challenge that the juror is lord to the party, is only a challenge to the favour.
Juratores debent esse minus suspecti (Jurors should be free of suspicion).
[ Commonlii ]
 
Case XXXIII 1 E 6 Br Cases, 268 7 Co 30 B, 31 A Discontinuance of Process 11 H 7, 1 [1220] EngR 10; (1220-1623) Jenk 205; (1220) 145 ER 138 (F)
1220


Criminal Practice
A. is indicted of felony in the time of one King, he may be arraigned upon, and shall plead to this indictment in the time of another King.
[ Commonlii ]
 
9 Jac 9 Co 65 B 1 Jones, 198 Cr Jac 279 3 Bulst 206 Poph 208 Cro Jac 496 Hale's P C 45 Owen, 63 5 Co 92 B 29 C 2, Cap 2, Alters The Law As To Civil Causes [1220] EngR 646; (1220-1623) Jenk 291; (1220) 145 ER 211 (B)
1220


Criminal Practice
An arrest in the night for felony, debt, or other cause is lawful.
[ Commonlii ]
 
9 H 7, 23 Double Plea By 4 Anne;, Cap 16, The Defendant May Plead Several Matters By Leave of The Court [1220] EngR 643; (1220-1623) Jenk 182; (1220) 145 ER 121 (B)
1220


Criminal Practice

[ Commonlii ]
 
Case XLII 7 H 4, 36 13 H 4, 8 3 H 7, Ch 1 Br Appeal, 12 Dyer, 296 Stamf 107 Kely 92, 94 Carth 18 4 Co 49 A Cont Br Appeal, 55 [1220] EngR 610; (1220-1623) Jenk 75; (1220) 145 ER 53 (B)
1220


Criminal Practice
In case of a principal and accessary in murder, the principal is attainted upon an indictment at the suit of the King, and outlawed thereupon ; this attainder will not serve in an appeal to arraign the accessary ; the principal ought to be attainted upon an appeal before the accessary shall be arraigned upon an appeal. An attainder, at the King's suit, at Common Law did not bar an appeal, if it was brought before the attainder; but if brought after the attainder it was otherwise : but now by the stat. H. 7, ch. 1, neither an attainder nor acquittal at the suit of the King bars an appeal for murder, if clergy be not had. Other felonies remain at the Common Law until the appeal is determined.
[ Commonlii ]

 
 Case XVI 12 Ass Pl 21 2 E 3, Ch 8; 1220 - [1220] EngR 94; (1220-1623) Jenk 9; (1220) 145 ER 7 (E)

 
 Case LI. 10 E 4, 15 Stamf 95 Indictment, Court; 1220 - [1220] EngR 51; (1220-1623) Jenk 124; (1220) 145 ER 87 (B)
 
Case XXXIX1 H 4, 1 13 H S, 1 Trial, Peers, Appeal [1220] EngR 15; (1220-1623) Jenk 73; (1220) 145 ER 52 (A)
1220


Criminal Practice
The trial of a peer of the realm for treason or felony is by indictment : and upon this indictment, he shall be arraigned before the constable of England or the high steward ; and he shall be tried by his peers upon their honours, not upon their oaths. There must be 12 peers at least ; and the lowest peer shall give his verdict first, and so seriatim.
By all the judges of England.
If an appeal be brought against a peer for the death of a man, or any other felony ; his trial shall he by knights and gentlemen.
[ Commonlii ]
 
The King v The Sheriff of Fife [1500] Mor 7318
7 Dec 1500
SCS

Scotland, Criminal Practice
The Lordis of Sessioun are on na wayis Judges competent to cognosce in ony actioun, or caus concerning crimes, sic as hurting, mutilatioun, or slauchter of men: And farder, gif ony persoun be accusit criminallie befoir the Justice, or his deputis, or ony uther Judge within this realme havand criminal jurisdictioun, and be put to the knawledge of ane assise thairanent, gif he be ather fylit or quytit, quhidder the samin deliverance of the assise be wrangouslie or richteouslie done, the saidis Lordis hes na powar to cognosce thairupon, bot aucht and sould remit the samin to the Justice, and his deputis, to be decidit befoir thame be ain greit assise, conform to the lawis of this realme.
[ Bailii ]
 
Lord Morley's case (1666) 6 St Trials 770
1666


Criminal Practice
The court permitted the reading at trial of a statement by a witness who had been deposed before a coroner but who was absent at trial after being detained by the means or procurement of the defendant incriminated by the statement.
1 Citers


 
Bushell's case (1670) 6 St Tr 999; [1729] EngR 49; (1729) T Jones 13; (1729) 84 ER 1123; (1670) Jones T 13; 84 ER 1123
1670


Constitutional, Torts - Other, Criminal Practice
The case was, that Bushel and other jurors in London (for the trial of a traverse on an indictment against several persons for conventicling against the form of the statute lately made) were fin’d and imprisoned at the sessions in the Old Baily, because they gave their verdict against full evidence and the direction of the court in matter of law and so acquitted the prisoners. In this case it was first debated at the Bar, and on the Bench, whether the Common Pleas could award an habeas corpus in this case. Wild, Archer and Tyre1 Justices. This Court may well award it, and for this cited Anderson part 1, 297, 298. 2 Inst 615. Moor Rep 839, 1132. Brownl. part 1, 33, Vaughan Chief Justice on the contrary, and he said, that some habeas corpora's are granted of course, others not without motion, and for tbis reason on motion, because it is not of necessity to be done of course, therefore there is no necessity for the granting it; for the Court ought to be satisfied that the party hath probably cause to be delivered. This Court has not power to grant it in general, but only in case of privilege, or excess of jurisdiction of an Inferior Court, in which case every one has the privilege of being discharged by the Courts of Westminster. This Court does not grant, because they have cognizance of the cause, but because it is a probable suggestion that this Court can deliver the party. If on the retorn the cause be expresly just, the party ought to be remanded, if expresly unjust, discharged, if doutbtful, bailed. The writ is ad subjiciend’ & recipiend‘ qd‘ Cur’ consideraverit & ut Cur’ nostr. visa causa illa; or qd' de jure & consuetudine regni nostr' fuerit faciend' &c. But this Court in criminal causes cannot do this. He urged that the want of precedents in this Court is a great argument that such writs are not grantable here. The writ moreover requires that the body una cum die caption’ habeat’, by which the Court ought to be certified how long the party has been in custody ; for if for a long a time and no procedure against him, the Court ought to bail the prisoner though committed for felony or treason, which is improper for this Court that has no cognizance of crimes; for this Court is for Common Pleas, between subject and subject, but in a criminal case the plea is between the King and his prisoner.
1 Citers

[ Commonlii ] - [ Bailii ]

 
 Doctor Patrick's Case; 1685 - [1685] EngR 950; (1685) 2 Keb 259; (1685) 84 ER 160 (C)
 
Rex v Wagstaffe and Auters [1714] EngR 355; (1714) 1 Sid 272; (1714) 82 ER 1101 (C)
1714


Criminal Practice
Jury fine for giving a verdict on the indictment against the direction of the court.
[ Commonlii ]

 
 Rex v Curnock; 1724 - [1724] EngR 490; (1724) Comb 418; (1724) 90 ER 565 (A)

 
 Armstrong v Lisle; 1728 - [1728] EngR 69; (1728) Skin 670; (1728) 90 ER 300 (A)
 
The King v England [1730] EngR 65; (1730-1815) 2 Leach 767; (1730) 168 ER 483
1730


Criminal Practice
The persons who are supposed to have been seconds at a duel, may refuse to gave evidence on the trial of the principals, but their testimony may he received as the testimony of persons admitted witnesses for the Crown, arid if once sworn, they must disclose the whole truth, although they may thereby involve themselves in the guilt of the transaction
[ Commonlii ]
 
The King v Deakin And Smith [1730] EngR 51; (1730-1815) 2 Leach 862; (1730) 168 ER 530
1730


Criminal Practice
If a stage-coach be robbed of a parcel which was intended to be conveyed from one place to another: the things stolen may be laid to be the property of the coachman.
[ Commonlii ]

 
 Rex v Strong; 1757 - [1757] EngR 28; (1757) 1 Burr 251; (1757) 97 ER 299
 
John Wilkes v The King [1769] EngR 25; (1769) 4 Bro PC 360; (1769) 2 ER 244
16 Jan 1769
PC

Criminal Practice
An information for an offence, is a surmise or suggestion upon record, on behalf of the King, to a Court of Criminal Jurisdiction, and is to all intents and purposes the King's suit; and may be filed by tbe Solicitor General, during a vacancy of the office of Attorney General. In such a case, it is not necessary in point of law, to aver upon the record, that the Attorney General's office was vacant.
1 Cites

1 Citers

[ Commonlii ]
 
Rex v John Wilkes, Esq [1770] EngR 34; (1770) 4 Burr 2527; (1770) 98 ER 327 (B)
7 Feb 1770


Constitutional, Criminal Practice
An information for a misdemearior may be amended the day before trial by a single Judge at chambers on hearing both sides aiid without the consent of the defendant.
On setting aside John Wilkes' outlawry for publishing The North Briton, Lord Mansfield said that the law must be applied even if the heavens fell
1 Cites

1 Citers

[ Commonlii ]
 
James Bywater v The Crown [1781] UKHL 2 - Paton - 563; (1781) 2 Paton 563
1 Dec 1781
HL

Scotland, Criminal Practice
Court of Justiciary - Jurisdiction - Appeal.- Competency of an appeal to the House of Lords from the sentence of the High Court of Justiciary in Scotland. Held such an appeal incompetent.
[ Bailii ]
 
The King v Patrick And Pepper [1783] EngR 32; (1783) 1 Leach 253; (1783) 168 ER 229 (B)
1 Feb 1783


Criminal Practice, Company
A corporation must prosecute in their corporate name : and the addition of such name as a description of the persons of which the corparation is composed, is not sufficient in an indictment.
[ Commonlii ]
 
Rex v Warwickshall (1785) 1 Leach 263
1785


Criminal Practice, Evidence
The defendant, Jane Warwickshall had confessed to receiving stolen property. Because of that confession, the property was found in her lodgings concealed in the sackings of her bed. Held: The court refused to admit her confession because it had been obtained by promise of favour, but ruled that facts discovered as a result of her inadmissible confession could be proved if that could be done:- "without calling in the aid of any part of the confession from which it may have been derived."
1 Citers


 
Vaise v Delaval (1785) 1 TR11
1785

Lord Mansfield
Criminal Practice
The court refused to receive affidavits from two jurors indicating that they had decided on their verdict by tossing a coin to resolve the issue. The rationale was that this was to protect them against self-incrimination for what he described as a very high misdemeanour. The court cannot receive an affidavit from a juror as to the nature of the juror's deliberations.
1 Citers


 
Langdell v Sutton [1790] EngR 1055; (1732, 1756, 1790) Bar N 32; (1790) 94 ER 791 (G)
1790


Contempt of Court, Criminal Practice
An attachment was ordered against the jurors for determining their verdict by hustling half-pence in a hat ; one of them had discovered the matter, and sworn it ; the eleven others denied it upon oath ; but it was proved that four of them had confessed it. Eyre moved, that proceedings on attachment might be staid on payment of costs to both parties, without the attendance of the jurors in Court, who lived in Yorkshire; and alleged, that, only one of the jurors attended in a like case of Parr and Soames. Per Cur’ : Let the jurors all attend to be publickly admonished, that the country may take warning. Chapple for defendant.
1 Citers

[ Commonlii ]
 
The King v T Stobbs [1790] EngR 2414; (1790) 3 TR 735; (1790) 100 ER 830
12 Jun 1790


Criminal Practice
An indictment will not lie against an officer of the Palace Court for arresting a person not of the King's household, within the King's palace, against whom a writ has issued out of that Court, though no leave to make the arrest has been obtained from the Board of Green Cloth.
[ Commonlii ]

 
 Hilary Term, 6 Queen Elizabeth; 1794 - [1794] EngR 836; (1794) 2 Dy 226; (1794) 73 ER 500
 
Dent v Prudence and Bond [1795] EngR 1007; (1795) 2 Str 852; (1795) 93 ER 893 (C)
1795


Criminal Practice

[ Commonlii ]
 
King v Burdett [1795] EngR 2290; (1795) 2 Salk 645; (1795) 91 ER 546 (D)
1795

Holt CJ
Criminal Practice
A new trial was moved for upon affidavit, that the jury took an Act of Common Council out with them, and that printed libels were spread against the defendant; and it was denied: for as to the first it differs from The Lady Ive’s case, where they took a map of one side, which was evidence on neither side : but this was an act of neither side, and evidence on both; but admitted to be irregular. Et per Holt CJ
So if a jury sat at their own charge, it is fineable, but that verdict shall stand ; otherwise if at the charge of one of the parties, and the verdict is found for him. Vide Mo 599.
[ Commonlii ]
 
Rex v Levermore [1795] EngR 2943; (1795) 1 Salk 146; (1795) 91 ER 135 (C)
1795


Criminal Practice
A certiorari issued to remove a conviction of deer-stealing, and the justices returned two affidavits, and a warrant to distrain ; and the return was quashed as imperfect.
[ Commonlii ]

 
 The Duke of Richmond v Costelow; 1796 - [1796] EngR 1732; (1796) 11 Mod 234; (1796) 88 ER 1010 (B)

 
 Bushell's Case; CCP 1796 - [1796] EngR 799; (1796) 1 Mod 119; (1796) 86 ER 777 (C)
 
Rex v Willace (1797) 1 East PC 186
1797


Criminal Practice, Magistrates
The commencement of a prosecution was held to be "the information and proceeding before the magistrate".
1 Citers


 
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