Domina R v Best et Al
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 160
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Trin. 3 Ann. B. R. 2 Ld. Raym. 1167, S. C. 3 Ld. Raym. Entries 53.
[174] CONSPIKACY. domina rkgina versus best & al. [Trin. 3 Ann. B. R. 2 Ld. Raym. 1167, S. C. 3 Ld. Raym. Entries 53.] Holt 151, S. C. Conspiracy, tho' nothing be done in pursuance of it, is an offence ; and that whether it be to charge with a offence temporal or ecclesiastical. 8 Mod. 321, S. C. Mod. Cases 137, 169, 185. 2 Mod. 152, 306. 9 Co. 53. Hob. 219. 1 Keb. 233, 254. 2 Keb. 59. 1 Vent. 304, 305. Confederacies, one of the articles of oyer and terminer. Indictment was, that the defendants, intending to oppress and defame H., did falsely and maliciously contrive, conspire, meet, and agree falsely to charge the said H. to be the father of a bastard-child, of which such a woman went big ; and in pursuance thereof did falsely affirm him to be the father. Upon demurrer it was urged, that H. might be the father, because it was not averred that he was not the father. It was agreed by the Court, 1st, That several people may lawfully meet and consult to prosecute a guilty person; otherwise if to charge one that is innocent, right or wrong, for that is indictable (a). That so it is here, that the conspiracy is the gist of the indictment, and that though nothing be done in prosecution of it, it is a complete and consummate offence of itself ; and whether the conspiracy be to charge a temporal or ecclesiastical offence on an innocent person, it is the same thing. 2dly, It need not be averred that H. is innocent, for it is said, that the defendant did falsely affirm him to be the father, and innocence is to be intended till the contrary appears(b). Fide 2 West's Prec. pi. 102. 42 E. 3, 14. The venue must be where the...
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