R v Furser

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench
Rex
and
ers. Furser

English Reports Citation: 96 E.R. 813

COURTS OF KINGS BENCH

eex vers. fuhser. A new trial granted after an acquittal upon an indictment. Upon a rule to shew cause, why a new trial should not be had in an indictment, it appeared ; that the indictment had been removed by the defendant; that his clerk in Court had entered notice of trial in the office book; and that the defendant had been acquitted. The rule was made absolute. And by the Court-It has been said ; that as the defendant was obliged, by the recognizance entered into upon removing the indictment, to try the issue that should be thereupon joined at the next assizes, it was not [91] necessary to give any notice of trial: but it is by the 5 W. & M. c. 11, provided, that notice of trial shall in such case be given by the defendant. It has been said; that if any notice of trial were necessary, the entering of notice in the office book was sufficient notice : but it is by the same statute...

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