R v Edward Hodgson

JurisdictionEngland & Wales
Judgment Date30 July 1828
Date30 July 1828
CourtHigh Court

English Reports Citation: 172 E.R. 484

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Rex
and
Edward Hodgson

Referred to, R. v. Laster, 1856, Dears & B. 48.

[422] July 30th, 1828. rex v edward hodgson. (If a prisoner indicted for embezzlement, does not know the specific acts of embezzlement intended to be charged against him, he should apply to the prosecutor for a particular of the charges ; and if it be refused, the Judge will, on motion, supported by proper affidavits, grant an order for such particular to be given, and postpone the trial, if necessary. Such particular ought, at least, to state the names of the persons from whom the money is alleged to have been received It was the duty of a clerk to receive monies daily at N., to enter all such monies so received in a book, and to remit the amount weekly to L His eutnes were all correct, and admitted the receipt of all the monies ; but he did not remit them to L , as was his duty .-Held no embezzlement ) [Referred to, R. v. Lister, 1856, Dears & B. 48 ] Embezzlement -The indictment (which was framed under the stat 7 & 8 Geo IV c 29), contained counts for three acts of embezzlement, alleged to have been committed within six months The prisoner had been the clerk in the Mail Coach Office at Newcastle-uuder-Lyme ; and, at the time he pleaded to the indictment, an affidavit made by the prisoner was put in, in which, after stating that he had been informed that an indictment for embezzlement had been preferred against him, he added, that he was wholly unacquainted with the particular acts of embezzlement intended to he charged against him ; and also that he was advised and verily believed, that, in order to his defence, it was, necessary that he should be furnished with a particular of the specific charges intended to be brought forward. Curwood, for the prisoner, on this affidavit, moved for an order, directing the piosecutor to furnish a particular of the charges. He argued, that, as the indictment gave the prisoner no knowledge of the time at which the offences were supposed to hive been committed, nor of the amount of the money, nor of the persons from whom it was said to have been received ; it was wholly impossible that the prisoner could make his defence ; because, as a coach-office clerk, he had received many hundred sums of money every day He relied on the authorities collected in Carr. Supp. (3d ed. p. 322). Vamghan, B -I have referred to those passages of the work which you rely upon...

To continue reading

Request your trial
4 cases
  • R v William Povey
    • United Kingdom
    • High Court
    • January 1, 1852
    ...to whether the facts she spoke to as relied on in support of the general count. He cited Reg. v, Curwood, 3 A. & E. 815 ; Rex v. Hodson, 3 C. & P. 422 ; and Reg. v. Hamilton and others, 7 C. & P. 448 ; in neither of which cases was any affidavit used. Rule msi. This rule was afterwards disc......
  • The Queen v William Murphy
    • Ireland
    • Court of Criminal Appeal
    • February 15, 1850
    ...Appeal. THE QUEEN and WILLIAM MURPHY. Beasley's caseUNK 2 East, P. C. 1010. Regin v. CreedENR 1 Car. & Kir. 63. Rex v. HodgsonENR 3 C. & P. 422. Regina v. NormanENR Car. & M. 501. Rex v. MurrayENR 1 Mood. C. C. 276. Rex v. GroveENR 1 Mood. C. C. 447. The Queen v. WaiteENR 2 Cox, 245. Regina......
  • R v Boynes
    • United Kingdom
    • High Court
    • January 1, 1845
    ...7 Geo. IV. c. xxxiu., loc. & pers., amended by the stat. 5 & 6 Will. IV. c. xcix., loc. & pers. (a)2 See the cases of Rex v. Hodgson, 3 C. & P. 422; and Reg. v. Norman, C. & Mar. 501. 1CAR.&K. 66. BEGIN A V. BOYNES 715 to the extent of £15, on making a declaration before a magistrate verify......
  • The King against Curwood and Others
    • United Kingdom
    • Court of the King's Bench
    • June 17, 1835
    ...case. A similar application was granted, on the Oxford Circuit, in the case of an indictment for embezzlement (see Rex v. Hodgson, 3 C. & P. 422, under stat. 7 & 8 G. 4, c. 29, ss. 47, 48). As to the want of an affidavit (d), the complaint of the defendant arises entirely on the indictment.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT