R v Celia Lewis

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date06 Aug 1833

English Reports Citation: 172 E.R. 1190

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

Rex
and
Celia Lewis

Aug 6th, 1833. hex v. celia lewis. (If A sends poison intending it for B with intent to kill B., and it conies into the possession of C who takes it, but does not die, A. may be indicted for a capital offence on the sfcat. 9 Geo. IV c 31, s 11. Several persons (one of whom was the prisoner) were summoned before the committing magistrate touching the poisoning of C. No person was then specifically charged with the offence. The prisoner was sworn and made a statement, and at the conclusion of the examination the prisoner was committed for trial.-Held, that this statement was not receivable in evidence against the prisoner ) Indictment on the stat. 9 Geo. IV. c. 31, s. 11 (set forth ante, vol iv p 372, 11 ), for " administering " poison to Elizabeth Davis There was a second count for " causing it to be taken." It appeared, that, soon after the prisoner had been at the shop of Mrs Halford buying salt, the latter found a parcel containing half a pound of moist sugar, and an ounce of tea, on the shop counter. This parcel was directed " To be left at Mrs Daws, Fownhope." This parcel was sent by Mrs. Halford to Mrs Elizabeth Davis, who used some of the sugar, which was found afterwards to contain corrosive sublimate. This caused Mrs. Davis to become very ill, but did not occasion her death It further appeared, that, on the day on which the prisoner was committed, she and several others were summoned before the Rev. Charles Bird, and examined on oath touehingthis poisoning, there being at first no specific charge against any person , but, on the conclusion of the examination, the prisoner was committed for trial on this charge. The prisoner was examined on oath, and her examination taken down, and in it she referred to a letter produced by her before Mr Bird. Greaves, lor the prosecution, proposed to examine Mr. Bird as to what the prisoner aaid touching this letter. Gurney % B.-That cannot be done, as it is referred to in the examination [162] Greaves then proposed to put in the examination itself, and cited the case of Rex v. Tubby (ante, vol. v. p. 530). Gurney, B.-This case is quite distinguishable from the case you have cited. Under the circumstances of that case I should have been disposed to agree with my brother Vamghan. I remember in the case of Rex v. Walker, tried in the year 1806, which was a case of forging a will, I gave in...

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5 cases
  • Azzopardi v R
    • Australia
    • High Court
    • 3 May 2001
    ...v Haworth (1829) 4 C & P 253 [ 172 ER 693]; R v Tubby (1833) 5 C & P 530 [ 172 ER 1084]. 159R v Lewis (1833) 6 C & P 161 [ 172 ER 1190]; R v Owen (1840) 9 C & P 238 [ 173 ER 818]. 160 (1847) 1 Den 236 [ 169 ER 227]. 161Dixon v Vale (1824) 1 C & P 278 [ 171 ER 1195]; East......
  • R v Edmund Garbett
    • United Kingdom
    • Crown Court
    • 1 January 1847
    ...as a criminal, 2 Russell on Crimes, 855, Greaves' ed., and notes, where the cases are collected. Joy on Confessions, 62 ; R v Lewis, 6 C. & P. 161 , R v Davies, ib. 177 ; Owen's case, 9 C. & P. 238 ; R v. Tubby, 5 C & P 530 . R v. Haworth, 4 C .& P. [247] 254. But, even if t......
  • Lewen's and Others' Case
    • United Kingdom
    • Crown Court
    • 1 January 1836
    ...would not be bound to answer."-Gtlkani's case, R. & M. 203. See the following cases as bearing upon the subject -R. v. Lewis, 6 C & P. 161 , R v. Tubby, 5 C. & P. 530 ; R. v. Howarth, Greenw.'s Stats. 137 ; R. v Gilham, R. & M. 203 ; Smitkv. Beadnell, 8 Campb. 30; Stock......
  • R v Goldshede and Sidney
    • United Kingdom
    • High Court
    • 5 December 1844
    ...admissions in evidence apply to criminal cases only Phinn, on the same side -In the case of Regina v Wheeley (8 C & P 250), Baron (b) 6 C. & P. 161 In that case Baron Guriiey said, " I remember, in a case of Hex v. Walker, which was a case of forging a will, I gave in evidence ......
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