Quarter Sessions
| Published date | 01 April 1940 |
| DOI | 10.1177/002201834000400202 |
| Date | 01 April 1940 |
| Subject Matter | Quarter Sessions |
Quarter Sessions
PRISONER CALLED FOR
THE
PROSECUTION
R.v.
Cooper
and Bancroft
AT the Halifax quarter sessions held before the
Deputy
Recorder, Mr. G. W. Wrangham, on the r
rth
January,
1940, Francis Cooper and Brice Bancroft were jointly charged
with having conspired to defraud.
There
were also counts
charging the accused with having obtained certain dresses
by false pretences.
Counsel for the prosecution applied to amend the indict-
ment by striking out acount of false pretences and obtaining
leave to prefer in its place a count of fraudulent conversion.
Counsel for the defence, however, argued that the Court
had only a power of amendment and could not substitute
one count for another in this manner. Moreover, although
the Indictments Act, 1915, gave very ample powers, never-
theless, since the passing of that Act in an indictment for
false pretences an amendment which added the allegation
of a new false pretence was held in R. v. Errington (16 Cr.
App. R., 148)
to
be contrary to the Act. Similarly, this
amendment could not be made without injustice.
The
Court
refused leave to amend, and counsel for the prosecution
did not seek to prefer afurther bill of indictment containing
acount of fraudulent conversion.
Counsel for the defence further applied that the indict-
ment should be quashed. He submitted
that
there was a clear
defect apparent in the face of the proceedings.
The
indict-
ment was against both accused,
but
the depositions showed
that the last witness to be called for the prosecution on the
committal of the accused was Cooper himself.
It
was obvious
166
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