R v Haines, for an assault and maihem

JurisdictionEngland & Wales
Judgment Date01 January 1799
Date01 January 1799
CourtCourt of the King's Bench

English Reports Citation: 95 E.R. 580

IN THE KING'S COURTS AT WESTMINSTER

Rex
and
Haines, for an assault and maihem

rex versus haines, for an assault and maihem. B. R. The benefit of the Act of Grace allowed to a defendant after he had omitted to pray it at his trial, on payment of full costs. An information of Easter term last: upon not guilty pleaded, was tried at the last Summer Assizes for the county of Worcester, when the defendant did not think proper to pray the benefit of the late Act of Grace, whereupon the Judge proceeded to try the information, and the jury found the defendant guilty, who in Michaelmas term last moved that he might have the benefit of the Act upon payment of costs. Mr. Bathurst for the King objected, that as the defendant did not think fit to pray the benefit of the Act of Grace at the time of the trial, he came too late; and cited Hawk. P.C. lib. 2, c. 37, s. 59. Kelyng 24, 25. Jenk. Cent. 129. Hales 88, 252, and Batcliffe's case, ante, wherein the Court refused to let him plead the Act of I was. k. b. as. easter term, 21 GEO. II. 1748 581 Grace, after he had pleaded he was not the same person who was tried and convicted for high treason in the year 1715. Mr. Evans for the defendant said, he pleaded not guilty in...

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