R v Elizabeth McKenzie and Another

JurisdictionEngland & Wales
Judgment Date01 January 1820
Date01 January 1820
CourtHigh Court of Chancery

English Reports Citation: 168 E.R. 881

LINCOLN'S INN

Rex
and
Elizabeth M'Kenzie and Another

Considered, R. v. Ellis, Ex parte Amalgamated Engineering Union, 1921, 125 L. T. 397. Referred to, R. v. Denion, 1852, Dears. C C 3

1820. rex q. elizabeth m'kbkzib and another. (An Act, from its passing, repeals a former Act which ousted clergy from a certain offence, and imposes a new punishment on the same ofietice from and after its passing. An offence committed before the passing of the new Act, but not tried till after, is not liable to be punished under either of these statutes.) [Considered, R. v. Ellis, Ex parte Amalga'tnated Engineering Umon, 1921, 125 L. T. 397. Referred to, R. v. Denton, 1852, Dears. C C. 3 ] The prisoners were tried before Newman Knowlys, Esq., Common Serjeant, at the OW, Bailey September sessions, in the year 1820, on an indictment charging them with feloniously stealing at the parish of St. Luke, in the county of Middlesex, on the llth of July, 1820, twenty-three yards of lace, value one pound three shillings, of the goods of James Sawyer, privately in his shop The evidence in support of the indictment was extremely clear, but the statute 1 Geo. IV. c-. 117 (a)1, which received the royal assent on the 25th July in the year 1820, having repealed the 10 & 11 W. III. c. 23, which deprived persons convicted of stealing goods privately in a shop to the amount of five shillings in value, of the benefit of deigy, the learned Common Serjeant respited the judgment in order to take the opinion of the judges, whether sentence of death could be passed on the prisoners, by...

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