R against Cole
Jurisdiction | England & Wales |
Judgment Date | 01 January 1793 |
Date | 01 January 1793 |
Court | High Court |
English Reports Citation: 170 E.R. 316
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
S C Peake, 284
Thursday, July 17th. rex ayimtfit cole. (The informer, under stat. 17 Geo II. 40, and 9 and 10 Will. Ill 41, against any person for having naval stores in his possession, is a competent witness to prove the fact, the objection arising from interest ; the statutes having inflicted a pecuniary penalty, goes only to his credit) *[S C Peake, 284 ] In this case, which was an information against the defendant, for having naval stores in his possession, contrary to the statute 17 Geo. II 40, and 9 and 10 Will III. c 41, a witness was called to prove the case, who appeared to be the informer, and wa.s objected to as incompetent, on the authority of The King v Blackmail, Hil 34 Geo III. 1st part of these cases, fol 95. Lord Kenyon said, that since the decision of that case he had considered of the objection to the competency of the informer's being a witness on the ground of interest , that the statute having given the Court a power to inflict, at their discretion, eithei a corporal punishment, or to impose a fine in case of...
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