Hodge's Case

JurisdictionEngland & Wales
Judgment Date01 January 1838
Date01 January 1838
CourtCrown 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 much, or of what particular description of coin, could not be ascertained distinctly. 2LEWDSB. SARAH CONNOLLY'S CASE 1137 The priioaec was well acquainted witk herr and had been seen near the spot (a lane), in or neaf which the mmrder was- committed, very [228] shortly before. There were also four other persons together in the same lane about the same period of time. The prisoner, also, was seen some hours after, and on the same day, but at a distance of some miles from the spot in question, burying something, which on the following day was taken up, and turned out to be money, and which corresponded generally as to amount with that which the murdered woman was supposed to have had in her possession when she set out on her return home from market, and of which she had been robbed. Alderson^ B., told the jury, that the case was made up of...

To continue reading

Request your trial
355 cases
  • Eng Sin v PP
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Bernal et Al v Reginam
    • Jamaica
    • Court of Appeal (Jamaica)
    • 26 January 1996
    ...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......
  • R. v. Ilina (L.), 2003 MBCA 20
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 3 February 2003
    ...(C.A.), refd to. [para. 91]. R. v. Ferianz et al. (1962), 37 C.R. 37 (Ont. C.A.), refd to. [para. 93]. Hodge's Case (1838), 2 Lewin 227; 168 E.R. 1136, refd to. [para. R. v. Cooper, [1978] 1 S.C.R. 860; 14 N.R. 181, refd to. [para. 96]. R. v. Mezzo, [1986] 1 S.C.R. 802; 68 N.R. 1; 43 Man.R.......
  • R. v. Pritchard (D.M.), 2007 BCCA 82
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 8 February 2007
    ...67]. Caswell v. Powell Duffryn Associated Collieries Ltd., [1940] A.C. 152 (H.L.), refd to. [para. 67]. Hodge's Case (1838), 2 Lewin 227; 168 E.R. 1136, refd to. [para. R. v. Cooper, [1978] 1 S.C.R. 860; 14 N.R. 181, refd to. [para. 67]. R. v. Charemski (J.), [1998] 1 S.C.R. 679; 224 N.R. 1......
  • Request a trial to view additional results
1 books & journal articles
  • Notes
    • Canada
    • Irwin Books The Ontario Bond Scandal of 1924 Re-examined Part Three. A Twelve-Year Campaign for Exoneration
    • 12 September 2023
    ...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).......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT