R v Bowden

JurisdictionEngland & Wales
Judgment Date01 January 1843
Date01 January 1843
CourtHigh Court

English Reports Citation: 174 E.R. 752

IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.

Regina
and
Bowden

[147] midland spring circuit, 1843 Derby Assizes (Crown Side), before Baron Alder^on regina v. bowden (A person who in his own dwelling-house steals the goods of another to the value of £5, may be convicted of larceny in a dwelling-house to the value of £5, under the stat. 7 Will. IV. & 1 Viet c. 90, s. 2.) [Subsequent proceedings, 2 Mood. C. C. 285.] Larceny in a dwelling-house to the value of £5.-The indictitieut charged the prisoner, James Bowden, with stealing, at the parish of Glossop, on the 5th day of January, 5 Viet , " in the dwelling-house of him the said Jamet-. Bowden, there (a) See the case ot Rex v. Penson, 5 C. & P. 412 1 OAE. & K. 148. STANTON V. PATON 753 situate," a number of articles enumerated in the indictment, above the value of £5, the property of Harris Seagall It appeared that the prosecutor, who was a hawker, having a box of jewellery goods, had left his box and goods in the house of the prisoner, where he was lodging, and that the prisoner stole them therefrom. Verdict-Guilty of the whole charge. Alderson, B , entertained some doubt whether the offence charged amounted to that of stealing to the value of £5 within a dwelling-house (the dwelling-house in the indictment being that of the prisoner himself), in which case, by the stat. 7 Will. IV. fe 1 Viet. c...

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1 cases
  • R v James Bowden
    • United Kingdom
    • High Court of Chancery
    • 1 de janeiro de 1843
    ...English Reports Citation: 169 E.R. 113 LINCOLN's INN Regina and James Bowden S. C. 1 Car. & Kir 147 1843 regina v. james bowde.n. (Stealing in a dwelling-house to the value of hve pounds or more by the owner of the house, is within 7 & 8 Geo. IV. c 29, s 12.) [S. C. 1 Car. & Kir 147 ] The p......
1 books & journal articles
  • Larceny
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 32-2, April 1959
    • 1 de abril de 1959
    ...e.g., from the pocket of a jacket he was wearing, R. v.Hamilton, 8C. &P. 49.Itcan also apply in thief's own house,R. v. Bowden, 1 C. &K.147.Tojustify a charge of bodily fear, a menace or threat must beemployed, and care must be taken to distinguish from robbery.No mention is made of any par......

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