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R v Evans and Smith

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date30 March 1842
Date30 March 1842
CourtHigh Court

English Reports Citation: 174 E.R. 515

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

Regina
and
Evans and Smith

Referred to, London Country Council v Dundas, [1904] P. 1

[298] Taunton (Crown Side), before Mr. Justice Coleridge. March 30th, 1842. regina v. evans and smith (The vestry of a parish church was broken open and robbed It was formed out of what before had been the church porch, but had a door opening into the churchyard, which could only be unlocked from the inside .-Held, that this vestry was part of the fabric of the church, and within the meaning of an indictment for sacrilegiously breaking and entering the church.) [Referred to, London County Council v Dundas, [1904] P. 1 ] Sacrilege.-The prisoners were indicted for breaking and entering the parish church at Chard in the county of Somerset, and stealing the sacramental plate. The plate was kept in a chest in the vestry, and the offence had been committed by breaking the vestry window and gaming entrance thereby. The vestry had in old time been the porch of the church, and when the church was altered the porch was turned into the vestry-room. It had never been used for vestry purposes, but only for the robing of the clergyman, and the custody, as now, of the sacramental plate It had a door opening into...

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