Lewen's and Others' Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Crown Court |
English Reports Citation: 168 E.R. 1101
Crown Cases
CORONEE'S INQUISITION. Durham Sp. Assizes, 1834. lewen's and others' case. (A juror who has put his mark to a coroner's inquisition must be taken puma faae to have doae so in the presence of the other jurors ) The prisoners were charged with murder. * See also Sarah Simpsons case, 1 M. C. C. 410 , Upchurch's case, id. 465 , W tld's case, £. 452 ; GrUkaois case, id. 186 These cases seem to establish the principle, that a confession obtained through the promise or menace of a person in authority over the prisoner ; or of a prosecutor or person acting under his dneetion, or who may reasonably be supposed to be acting umder his direction ; or of a constable, or other minister of justice, cannot be received in e^vidence. But that where it is obtained through the medium of a suggestion made by a person from whom the prisoner can have nothing to hope or fear, it ought to be received. 1102 elmsly's case 2 lewin 126. A bill having been ignored by the grand jury, the prisoners were called upon to plead to the [121] coroner's inquisition ; but there being no present evidence to support the charge, !bir G. A. Lewin moved to quash the inquisition, on the ground that there were two marksmen " among the jurors, without any attestation, and that the marks appeared to have been made subsequent to the signing by the coroner Denman^ C. J.-" Have you any authority in point ? " Sir G. A. Lewin.-" None, my Lord." Denman, "C. J -" Then I think the marks must be taken to have been made in the presence oi the other jurors " The prisoners were then arraigned and pleaded not guilty, and no evidence being offered, they were acquitted.
English Reports Citation: 168 E.R. 1114
Crown Cases
EXPENSES. Durham Sp. Assizes, 1836. lewen's and otheks' case. (Under the words, " in otherwise carrying on such prosecution," in 7 Geo. IV. c. 64, s. 22, extra expenses which had been incurred in getting up a prosecution, ordered to be reimbursed.) The prisoners were charged on the coroner's inquisition with murder. The offence was committed in a small township not far from the city of Durham. The inhabitants, who were a small community and extremely poor, had shewn great zeal and activity in getting up the case, and had been put to considerable expense in so doing, which they were but ill able to afford Under these circumstances, Sir G. A. Lewin was instructed to move the...
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