R v Ellis
| Jurisdiction | England & Wales |
| Judgment Date | 27 July 1826 |
| Date | 27 July 1826 |
| Court | High Court |
English Reports Citation: 171 E.R. 1073
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
[432] Exeter, July 27, 1826. rex v. ellis. (An examination of a prisoner charged with a felony, taken without threat or promise, by questions put by the magistrate, is, notwithstanding, admissible in evidence ) (a)1 Holt v. Meddowcroft, 4 M. & S. 467. (a)2 Cont. Rex v. Webb, coram Best J. 1819, Stark. Evidence, part iv. 1733 ; where, however, it does not appear that application was made to allow the witness to remain. 1074 BEX V. DO WLING BY. & MOOD. 483. This was an indictment for felony, which had been removed by certiorari into the Court of King's Bench, and was sent down for trial by writ of Nisi Pnus The examination of the prisoner, taken before the committing magistrate, was offered in evidence. It appeared that part of the examination was elicited by questions pub by the magistrate, the prisoner having claimed the fight of his attorney's attendance and assistance, which the magistrate had refused to permit. No thieat or promise was used by the magistrate. It was objected by Wilde Serjt , on the authority of Rex v Wilson, 1 Holt, N. P C. 597, that an examination so obtained was inadmissible against a prisoner. Littledale J.-It is stated...
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R v Johnston
...C. C. 15. Regina v. MickENR 3 F. & F. 822. Regina v. WarringtonENR 2 Den. C. C. 447. Rex v. Wilson Holt's N. P. C. 597. Rex v. EllisENR Ryan & Moody, 432. Baldry's caseENR 2 Den. C. C. 430. Stripp's caseENR 1 Dearsly, 649. The Queen v. ArnoldENR 8 C. & P. 621. 60 COMMON LAW REPORTS. H. T. 1......