Hodge's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Crown Court |
English Reports Citation: 168 E.R. 1136
Crown Cases
Hodge's Case
Liverpool Sum. Assizes, 1838. hodge's case. (Where a charge depends upon circumstantial evidence, it ought not only to be consistent with the prisoner's guilt, but inconsistent with any other rational conclusion.) The priaoae? was charged with murder. The case was one of circumstantial evidence altogether, and contained no one fact, which taken alone amounted to a presumption of guilt. The murdered party (a woman), who was also robbed, was returning from market with money in her pocket; but how...
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354 cases
- Eng Sin v PP
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Bernal et Al v Reginam
...facts were such as to be inconsistent with any other rational conclusion than that the prisoner was the guilty person.’ ( Hodge's Case 2 Lewin C.C. 227, 228). Or, as it was put by Lord Heward in R. v. Podmore (cited in Wills on Circumstantial Evidence 7th edition at page 43), ‘Circumstantia......
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R. v. Power
...260 W.A.C. 242 (C.A.), reving. (2001), 206 Sask.R. 120 (Q.B.), refd to. [para. 52, footnote 20]. Hodge's Case (1838), 2 Lew. C.C. 227; 168 E.R. 1136, refd to. [para. 53, footnote 21]. R. v. Cooper, [1978] 1 S.C.R. 860; 14 N.R. 181; 37 C.R.N.S. 1; 34 C.C.C.(2d) 18; 74 D.L.R.(3d) 731, reving.......
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R. v. O'Brien (M.D.)
..."9 With the greatest respect, I am of the opinion that the learned trial Judge misapplied the rule in Hodge's Case (1838), 2 Lewin 227; 168 E.R. 1136, as to circumstantial evidence in that he based his finding of reasonable doubt on non-existent evidence. In R. v. McIver , [1965] 1 O.R. 306......
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1 books & journal articles
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Notes
...228 Notes Case: Rumours of its Death are Greatly Exaggerated” (2005) 84 Canadian Bar Review 47–74. 91 R v Hodges (1838), 2 Lewin 227, 168 ER 1136. 92 Tremeear, above note 12 at 1257. 93 Ibid . 94 Trial Transcript, “Charge to the Jury,” above note 28 at 1–12 (224–35 of the Trial Transcript).......