R v Charlotte Evans
Jurisdiction | England & Wales |
Judgment Date | 01 January 1859 |
Date | 01 January 1859 |
Court | High Court |
English Reports Citation: 169 E.R. 1223
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 29 L J. M C 20; 23 J. P 773; 5 Jur N S 1361; 8 W R 48, 8 Cox C C 257
1859 regixa v charlotte evans (The prisoner was convicted upon an indictment for obtaining money by false pretences, the false pretence alleged being, that a certain piece of paper was a bank note then current, good and of the value of 5 , whereas it was not a bank note then current or good or of the value of 5, or of any value whatever. It was proved that the note was the note of a private bank which was no longer in existence and which had paid a dividend of 2s. 4d in the pound ; and that a neighbouring banker refused to change it The Chairman told the jury that there was some evidence from which they might infer that the note was not of any value Held, that a person passing such a note as a good note, and as of the value ot 5, knowing that the bank was insolvent and had stopped payment and could not pay the note in full, would be guilty of obtaining money by false pretences ; but that as the Chairman had told the jury that there was evidence from which they might infer that the note was of no value, and as there was in fact no evidence from which it could be so inferred, the conviction must be quashed.) [8. C. 29 L J. M C 20 ; 23 J. P 773 ; 5 jut N S 1361 ; 8 W K 48 , 8CoxC C 257] The following case was reserved by the Vice Chairman of the Glamorganshire Sessions. Charlotte Evans was indicted at the Michaelmas Quarter Sessions 1859, for the county of Glamorgan, for falsely pretending that a piece of paper was a bank note then current, good, and of the value of five [188] pounds, by which false pretence 12214 REGINA V. CHARLOTTE EVANS BELL 189. she did unlawfully obtain from one Mary Miles certain money with intent to defraud, whereas in fact the said piece of paper was not a bank note then current or good, or of the value of five pounds, or of any value whatever, as the said Charlotte Evans at that time well knew. It appeared in evidence that the prisoner, on the 20th of July, 1859, tendered to one Sarah Thomas a piece of paper purporting to be a five pound note of the Newport Old Bank, and obtained change to the full amount of five pounds There was no question as to the identity of the note or of the prisoner. But to prove the allegation in the indictment that the said note was of no value, Mr John Parry Morgan was called, who stated that he was now...
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