R v C Millar

JurisdictionEngland & Wales
Judgment Date05 January 1837
Date05 January 1837
CourtHigh Court

English Reports Citation: 173 E.R. 291

IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER

Rex
and
C Millar

Referred to, R v. Molloy, [1921] 2 K B 364

Third Session, 1837, before Mr. Justice Park, Mr Baron Alderson, and Mr. Justice Patteson Jan 5th, 1837 rex v. C millar (A. was indicted at common law for simple larceny, in stealing in Middlesex a quantity of lead. It appeared that the lead was stolen from the roof of the church of Iver, in Buckinghamshire. The prisoner was indicted at the Central Criminal Court, which has jurisdiction in Middlesex, but not in Buckinghamshire -Held, that he could not be convicted there, on the ground that the original taking not being a. larceny, but created by statute a felony, the subsequent possession could not be considered a larceny ) [Referred to, R v. MoOoy, [1921] 2KB 364 j The prisoner was indicted at common law for stealing at the parish of Hayes, in the county of Middlesex, a quantity of lead, stated in the first count to be the pro-[B66]-perty of the Rev. Mr Ward , and in the second, the property of the churchwardens of the parish of Iver, in Buckinghamshire It was proposed to shew, on the part of the prosecution, that the lead had been stolen from the parish church of Iver, in Buckinghamshire , but the only evidence to connect the prisoner with the case was, that he was found in possession of it at (a) As to the jurisdiction of the Admiralty, see Com. Dig tit Admiralty , 4 Inst 134 et seq In the case of Leigh v. Burley, Ow. Rep 122, it was said by the Judges, " that the stat 15 R. II. c. 3, is misprinted, viz that the admiral shall have jurisdiction to the...

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