R v Dingley and Nine Others

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date12 Mar 1845

English Reports Citation: 174 E.R. 970

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

Regina
and
Dingley and Nine Others

Distinguished, R. v. Godinho, 1911, 76 J P 16

[637] Worcester Assizes (Crown Side), before Lord Chief Baron Pollock March 12th, 1845. regina v. dingley and nine othebr (Several prisoners being in a custody on a charge of murder, A., who was one of them, said to the chaplain of the prison, that he wished to see a magistrate, and asked if any proclamation had been made, and any offer of pardon The chaplain said, that there had, but he hoped that A would understand that he could offer him. no inducement to make any statement, as it must be his own free and voluntary act. When A. saw the magistrate, he said that no person had held out any inducement to him to confess anything, and that what he was about to say was his own free and voluntary act and desire A then made a statement to the magistrate ò-Held, that this statement was receivable against A on his trial for the murder. Where a prisoner sent for a magistrate to make a statement to him, and the magistrate took down the conversation which passed between him and the prisoner, and wrote it immediately, under the usual heading of a prisoner's statement, and read this over to the prisoner before the prisoner signed his statement, which followed it, the judge directed this memorandum of the conversation to be read before he decided on the admissibility of the statement in evidence, instead of the magistrate stating orally what passed between him and the prisoner.) [Distinguished, E. v. Godmho, 1911, 76 J P 16 ] Murder.-The indictment charged all the prisoners as principals in the wilful murder of Thomas Staite, on the 19th of December, 1844, by striking and beating him with bludgeons and guns. On the part of the prosecution, it was proposed to give in evidence a statement, made by the prisoner Dingley, to Mr Curtler, a magistrate ; but, before it was offered in evidence, The Rev. John Adlmgton, the chaplain of the gaol, was called. He said, " On the 19th of February the prisoner Dingley sent for me, and I went to him He asked me if I had any tracts upon perjury. I asked why he wished to have a tract. He said he thought it was very hard some of the prisoners should have their lives taken away wrongfully. He asked if any magistrate would come that day , he said he wished to see a magistrate, to make a statement respecting the...

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1 cases
  • The Queen v George Gillis
    • Ireland
    • Court of Criminal Appeal
    • 7 June 1866
    ...Rex v. Lamb 2 Leach Cr. L. 559. The Queen v. TubbyENR 5 Car. & P. 530. The King v. Boswell Car. & Marsh. 564. Rex v. DingleyENR 1 C. & k. 637. Rex v. LewisENR 6 Car. & P. 161. Rex v. DavisENR 6 Car. & P. 177. Rex v. OwenENR 9 Car. & P. 83. Rex v. HamworthENR 4 Car. &......

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