R v George Gisson and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1847 |
| Date | 01 January 1847 |
| Court | High Court |
English Reports Citation: 175 E.R. 327
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
[781] durham summer, assizes, 1847 Before Lord Chief Baron Pollock regina v. george gisson and others (An acquittal on an indictment for a rape could not be successfully pleaded to a, subsequent indictment for an assault with intent to commit a rape, nor could an. acquittal on an indictment for feloniously stabbing with intent to do grievous bodily harm, be successfully pleaded to an indictment for an assault, although, in each case, the transaction was the same, and the accused might have been convicted of an assault, under sect 11 of the stat 1 Viet c. 85 ) Rape.-The prisoners, five in number, were indicted for a rape on Elizabeth Damm, a foreigner and itinerant musician, alleged to have been committed at Jarrow. on the 13th May After this case had proceeded for some time, it appeared to the learned Lord Chief Baron that it must fail, there being some material evidence for the prosecution which should have been produced, but which was not now forthcoming His Lordship, therefore, stopped the case, intimating his opinion to be, that it was one which might have been tried at the sessions ah a charge of assault with intent to commit a rape, and that the charge of felony could not be sustained ; and that, in the absence of the evidence above referred to, the prosecution was premature, and the prisoners ought not now to be on their trial for the misdemeanour any more than for the felony Counties Railway...
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The Queen v Robert Courtice Bird and Sarah Bird
...BIRD AND SARAH BIRD 2 DEN. 130. the above arguments, be commented on tbe several cases cited on tbe otber side, and cited R, v. Gisson, 2 C & K 781 ; R. v. Watkina, 2 Moo. C. C. 217 , R. v Allen, 2 Moo. C. C. 179 [130] Patteson J asked tbe Counsel for the prisoners, in what form a verdict o......