Crosby's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 88 E.R. 1167
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
[66] case 119. crosby's case. A person indicted above two terms for treason is afresh indicted for the same species of treason, but differently laid; the Court inclined he should be bailed, but gave no opinion, but bailed him by their discretionary power.-S. C. post, 72. Crosby was brought to the Bar by a habeas corpus the last day of term. It was prayed on his behalf, that he might be discharged or bailed, having entered his prayer the first day of Trinity term last, and was indicted the last term ; and afterwards this term again was indicted for the same species of treason, but never (a) 38 Edw. 3, pi. 14. (b) 15 Edw. 3. Pitz. Abrid. "Vouch." 109. 1168 HILARY TERM, 6 WILL. AND MARY. IN B. R. 12 MOD. 87. tried on either of them. The counsel alledged, that the end of the statute was, that no person should be above two terms under the same accusation; and if a second indictment found should prevent his being set at liberty, at that rate, fresh indictments being found every term, he will never be discharged, and so the statute would be eluded. The Attorney and Solicitor General agreed, if the case had stood singly on the first indictment, he ought to be bailed ; but there is another indictment for another treason: the first was for a foreign treason, in conspiring the death of the King, and the overt-act was laid in Ireland; but the second is for a treason in England. Holt, Chief Justice, The commitment and both the indictments are for the same species of treason...
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