R v Elizabeth Burgess
| Jurisdiction | England & Wales |
| Court | Crown Court |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
English Reports Citation: 169 E.R. 1387
Crown Cases
S. C. 1 New Rep. 130; 32 L. J M. C. 55; 7 L T 472; 27 J. P. 55, 9 Jur. N S. 28; 11 W. R 96; 9 Cox C. C. 247. Explained, R. v. Mann, [1914] 2 K B. 107.
[258] 1862. regina v. elizabeth burgess. (An attempt to commit suicide is not an attempt to commit murder within the meaning of the 24 & 25 Viet. c. 100, and is not merged in any of the felonious attempts to commit murder made punishable by that Act, but remains a misdemeanor at common law triable by the Court of Quarter Sessions.) [S. C. 1 New Rep. 130 ; 32 L. J M. C. 55 ; 7 L T 472 ; 27 J. P. 55 , 9 Jur. N S. 28 ; 11 W. R 96; 9 Cox C. C. 247. Explained, R. v. Mann, [1914] 2 K B. 107.] The following case was stated by the Assistant Judge of the Court of Quarter Sessions for the county of Middlesex. The prisoner was tried before me, at the Quarter Sessions of the peace for Middlesex, on an indictment which charged that she " on the 16th of September 1862 unlawfully and wilfully did attempt and endeavour to commit a certain felony that is to say that she the said Elizabeth Burgess on the day and year aforesaid unlawfully and wilfully did attempt and endeavour feloniously wilfully and of her malice aforethought to kill and murder herself the said Elizabeth Burgess against the form of the statute in such case made and provided." To this indictment she pleaded guilty. Before passing sentence, it was suggested that Courts of Quarter Sessions had no longer jurisdiction over the offence by reason of the passing of the statute 24 & 25 Viet, c 100. The 11th. 12th, 13th and 14th sections of that statute relate to attempts to commit murder by different specified methods ; and the 15th section enacts that " Whosoever...
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R (Purdy) v DPP
...Means other than those specified in any of the preceding Sections of this Act, attempt to commit Murder, shall be guilty of Felony." 15 In R v Burgess (1862) Le. & Ca. 257 one of the Crown Cases Reserved raised the question of whether section 15 applied in the case of a woman who had tried ......
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IL v R
...R v Gaylor (1857) D & B 288 [ 169 ER 1011]. 22R v Fretwell (1862) Le & Ca 161 at 164 [ 169 ER 1345 at 1346–1347]. 23 (1862) Le & Ca 258 [ 169 ER 1387]. 24R v Burgess (1862) Le & Ca 258 at 260 [ 169 ER 1387 at 1388]. See Jervis, A Practical Treatise on the Office and Duties of Coroners, (182......
