Page and Harwood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 907
King's Bench Division
hil. 23 car. banco eegis. page and harwood. Indictment. Page and Harwood, and one were indicted at the Assises at Nottingham upon the statute 1 Jac. 8. for stabbing one and the indictment was, that stabb'd [44] him, and Page and Harwood were present, abetting, &c. and contra formam statuti, and all there were found guilty contra formam statuti, and was hanged in the countrey ; but .Roll doubted whether these two were within the statute, and therefore adjourned them hither. And Walker produced a president 16 Car. where oue Welsh and five others were indicted at the sessions in the Old Baily upon this statute for the death of one Swiunerton, and because all five were present, and it could not appear upon the evidence which of them made the thrust, Bramston Chief Justice, Barkley and Jones directed the jury to find them guilty of manslaughter only a.t the common law; for though in judgment of law every one that is present, &c. is principal, so that the indictment may recite that any of them did make the thrust, and the jury should have found them equally guilty at the common law, yet in construction of this statute, which is so penal, it shall be extended only to such as really and actually made the thrust, and not to those which by construction of law only may be said to make it; for the end of the statute was to restrain the rage and cruelty of such persona as would suddenly stab another. And accordingly it was resolved in this case that the offenders should have their clergy. Then another question was...
To continue reading
Request your trial
-
Bennet v Talbot
...we not apply it only to the latter part, and reject it as to the rest [213] for surplusage, as was done in an indictment in Harwood's case, Al. 43. Accordingly the Court held, that contra formam statuti should only be applied to the latter part which was really against the statute ; and tha......
-
Lozcal Holdings Ltd. v. Brassos Developments Ltd., (1980) 22 A.R. 131 (CA)
...[para. 17]. Hancock v. B.W. Brazier, [1966] 2 All E.R. 901, refd to. [para. 24]. J. Gordon Alison & Co. Limited v. Wallsend Slipway et al., 43 T.L.R. 323, refd to. [para. London and Northwestern Railway Company v. Neilson, [1922] A.C. 263, refd to. [para. 26]. Gisvold et ux v. Hill (196......
-
Ogden c. Lowe,
...hors de la circonscription de Saint John Harbour ont été admis à voter dans cette circonscription. Selon l’al. 43(1)d) de la Loi, pour être admissible à voter dans une circonscription électorale, une personne résidera ordinairement dans la circonscr......
-
C.A (PHC) APN 14/2019 2020-11-23
...been made against the maker of the said confession, on the basis tha voluntarily, clearly on the prosecution. In The King v Weerasamy et al 43 NLR 152, it had been held ie Crown must establish the relevancy of these confessions by leading some evidence to show that hey were made voluntarily......
-
Competitor Agreements: Interpreting Criminal Conspiracy In A Blended Criminal-Civil Regime
...the merits decision in PANS42 (for failure to establish the objective intent to unduly lessen competition); R. v. Clarke Transport Canada et al. 43(for failure to establish the relevant market); R. v. Bayda and Associates Survey Inc.44 (for failure to establish an agreement); and R. v. Bugd......
-
Does Working With The Government Mean You Lose Your Trade Secret Protection?...Maybe
...trade secret because it would not reveal the company's privileged fare pricing or revenue. Raiser-DC, LLC v. B&L Service, Inc., et al., 43 Fla. L. Weekly D145a at n. 3 (Fla. 4th DCA 2018). The granular data, however, was protected. In doing so, the Florida appellate court rejected Uber'......
-
How do Cartels use Vertical Restraints? Horizontal and Vertical Working in Tandem
...price, creating an incentive for all sugar intermediaries to join the distributor cartel. This quid pro quo between refiners and distributors al- 43 The Competition Comm’n v. Fritz Pienaar Cycles (PTY) Ltd., Case CR049JUL12 ¶¶ 98–104 (CT May 30, 2016) (S. Afr.). 44 Id. ¶ 17. 45 Id. ¶ 73. 46......
-
Second generation law and economics of conflict of laws: Baxter's comparative impairment and beyond.
...intellectual flaw in comparing real world institutions with ideal, and therefore non-existent, ones); see also Coase, supra note 158, al 43 (warning that analysis of "ideal world" scenarios may be largely irrelevant); Harold Demsetz, Information and Efficiency: Another Viewpoint, 12 J.L. &a......
-
A Sociological Analysis of Military Resilience
...of course, ample coverage of this (seeShelia Adams et al.39; George Casey40; Rhonda Cornum et al.41; Paul Lester et al.42;Karen Reivich et al.43) and various resiliency programs elsewhere (see ThomasJarrett44; Maureen Haney45) which attest to an embedded definition of resilienceas ‘‘the res......
-
The current landscape of race: old targets, new opportunities.
...to imagine (Brown et al., pp. 40-43). Furthermore, much racism today is unintentional, unstated, quite polite, and even normal (Brown et al., p. 43). Embedded in a host of behaviors, attitudes, expectations, rules of the game, and norms is a system of advantage and exclusion that constantly......