R v Fry and Webb

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date08 April 1837
Date08 April 1837

English Reports Citation: 174 E.R. 208

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

Rex
and
Fry and Webb

Taunton, April 8, 1837. rex v. fry and webb. (The mere use of a small stick as a weapon by a poacher, in a sudden affray with gamekeepers, is not enough to prove such stick an offensive weapon under 9 Geo. IV. c 69, s. 9. The ]ury must be convinced that the party took it with him for the purpose of offence.) The prisoners were indicted under 9 Geo IV. c. 69, s. 9, fcr entering land by night armed with offensive weapons, to wit, bludgeons, with intent to destroy game ; there was also a count for a common assault. The only weapons proved to have been used by the prisoners were sticks ; one of these was produced, with which one of the prisoners, upon being attacked by the gamekeeper, had defended himself, and knocked down the gamekeeper. The stick however was a very small one, fairly answering the description of a common walking stick. Upon objection being made that the stick could not be considered an offensive weapon within the statute, [43] Bere, for the prosecution, cited R. v. Johnson (Russ. & Ely. 492). and contended that the use of the stick, made by the prisoner, shewed both the intention of...

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1 cases
  • The Queen v Thomas Burke
    • Ireland
    • Court of Criminal Appeal
    • 20 Diciembre 1851
    ...Appeal. THE QUEEN and THOMAS BURKE. Rex v. GriceENR 7 C. & P. 803. Rex v. FryENR 2 M. & Rob. 42. Rex v. Johnson R. & Ry. 492. 210 COMMON LAW REPORTS. M. T. 1851. Cr. Appeal. Court of Criminal Spptai.* THE QUEEN v. THOMAS BURKE. Dec. 20. A prisoner was indicted under 14 & 15 ......

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