R v Barnard
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1837 |
| Date | 03 March 1837 |
| Court | High Court |
English Reports Citation: 173 E.R. 342
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
Referred to, R. v. Wickham, 1839, 10 A. & E. 34, R v Bates & Pugh, 1848, 3 Cox C. C. 201; R. v. Boyd, 1851, 16 J. P. 8; R v Roebuck, 1856, Dears. & B. 24; R v Giles, 1865, Le. & Ca. 502; R. v. Howarth, 1870, 23 L. T. 503, Kings Norton Metal Co. v. Edridge, Merrett & Co., 1897, 14 T. L R. 98, R v. Jones, [1898] 1 Q. B 119; R. v. Costello, [1910] 1 K. B 28.
March 3rd, 1837. eex v. barnard. (If a person at Oxford, who is not a member of the university, go to a shop for the purpose of fraud, wearing a commoner's cap and gown, and obtain goods, this appearing in a cap and gown is a sufficient false pretence to satisfy the statute although nothing passed in words.) [Referaed to, B. v. Wickham, 1839, 10 A. & E. 34, R v Bale? & Pugh, 1848, 3 Cox C. C. 201 ; R. v. Boyd, 1851, 16 J. P. 8 ; R v Roebuck, 1856, Dears. & B. 24 ; R v Giles, 1865, Le. & Ca. 502 ; R. v. Howarth, 1870, 23 L. T. 503 , Kings Norton Metal Co. v. Edndge, Merrett & Co., 1897, 14 T. L R. 98 , R v. Jones, [1898] I Q. B 119; R. v. Costco, [1910] 1 K. B 28.] False pretences -The indictment charged that the prisoner falsely pretended that he was an undergraduate of the university of Oxford, and a commoner of Magdalen college, by means of which he obtained a pair of boot-straps from John Samuel Vincent. It appeared that Mr. Vincent was a boot-maker, carrying on business in High-street, Oxford ; and that the prisoner came there, wearing a commoner's cap and gown, and ordered boots, which were not supplied him, and straps, which were sent to him. He stated he belonged to Magdalen college. It was proved by one of the butlers of Magdalen college that the prisoner did not belong to that college, and that there are no commoners at Magdalen college. Boiland, B. (in summing up).-If nothing had passed in words, I should have laid down that the fact of the prisoner's appearing in the cap and gown would have been pregnant eTidenee from which a jury should infer that he pretended he was a member of the university, and if so, would have been a sufficient false pretence to satisfy the statute. It clearly is...
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