R v Hilton (Elizabeth) and McEvin (Joseph)
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1858 |
| Date | 01 January 1858 |
| Court | High Court |
English Reports Citation: 169 E.R. 1150
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 28 L. J. M. C. 28; 32 L. T. O. S. 151; 22 J. P. 770; 5 Jur. N. S. 47; 7 W. R. 59; 8 Cox C. C 87. Distinguished, R. v. Coggins, 1873, 29 L T. 469.
1858 eegina v. elizabeth hilton and joseph M'EviN. (It is no objection to an indictment for felony that a previous conviction is stated at the beginning and not, as is more usual, at the end of the indictment, and the proper course when an indictment is so framed is to state the new charge to the (a) Willes J had left the Court. BELL 21. REGINA V. ELIZABETH HILTON AND JOSEPH M'EVIN 1151 jmry in the first instance, and then, if they return a verdict "of guilty, to charge tjiem to inquire as to the fact of the previous conviction. Where a prisoner is charged in two counts with stealing and receiving, the jury may return a verdict of gmlty on the latter count, if warranted by the evidence, although the evidence 13; also consistent with the prisoner having been a principal in the second degree la the stealing. The Court will not send a case back for amendment on the mere application of counsel; but will do so if on the argument it appears that it is imperfectly stated ) [S. C. 28 L. J. M. C. 28; 32 L. T. 0. S. 151; 22 J. P. 770; 5 Jur. N. S. 47 ; 7 W. K. 59 ; 8 Cox C. C 87. Distinguished, R. v. Coggins, 1873, 29 L T. 469 ] The following case was reserved by the Recorder of the Borough of Hastings. At the Quarter Sessions of the Peace, holden for the Borough of Hastings on the 29th of October 1858, Elizabeth Hilton and Joseph M'Evin were tried (with AVilliam Robert Hilton, who was acquitted), on an indictment in the following words :- Borough of Hastmgs\The jurors for our lady the Queen upon their oaths pre- to wit. j sent that heretofore to wit at the General Sessions of the delivery of the Queen's gaol at Newgate holdeu for the jurisdiction of the Central Criminal Court at Justice Hall in the Old Bailey in the suburbs of the city of London on the 6th day of July in the year of our Lord 1857 before certain Justices of our said lady the Queen assigned to deliver the said gaol at Newgate of the prisoners therein being William Robert Hilton [21] by the name of William Hennck was then and there convicted of felony and which said conviction is still in full force strength and effect and not in the least reversed annulled or made void And the jurors aforesaid upon their oaths aforesaid do further present that heretofore to wit at the General Sessions of the delivery of the Queen's gaol at Newgate holden for the jurisdiction of...
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