R v Hood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 838
COURTS OF KINGS BENCH
kex vers. hood. An indictment, for knocking violently at the door of a house, ought not to be quashed. Upon a motion to quash an indictment, the charge in the indictment appeared to be; that the defendant did unlawfully and injuriously knock violently at the outer door of the prosecutor's dwelling-house for the space of two hours together ; whereby the family of the prosecutor was greatly disturbed ; and the prosecutor's wife was so much frighted, that she miscarried soon after. The Court refused to make a rule to shew cause. And by Eyder Ch.J.-It has been said ; that as there is not a charge of a forcible entry, the proper remedy of the prosecutor is an action of trespass : but it is sufficient to say, without giving any opinion as to the goodness of the indictment, that it would be very improper for the Court...
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