R v Collyer and Capon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 797
COURT OF KING'S BENCH
rex vers, collyer and capon. A person may be discharged upon a habeas corpus from imprisonment under an illegal judgment. The defendants being brought up by a habeas corpus, it appeared ; that they were committed by an order of a Court of Quarter Sessions, holden at Hicks's Hall; and that in the commitment there were the following words: " William Collyer and Edmund Capon, being convicted upon an indictment for assaulting Thomas Smith, Esq; are committed to New Prison, Clerkenwell, for the space of one month next ensuing; and to ask pardon upon their knees of the said Thomas Smith, at the place where the offence was committed; and to cause an account of the said sentence to be printed in the Daily Advertiser; and not to be discharged out of prison, until they have undergone such imprisonment, asked such pardon, and caused such account to be published; and when discharged, to pay their fees severally, one pound, one shilling and eight pence." A rule was made for the discharge of the...
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