R v James Heywood and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1864 |
| Date | 01 January 1864 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1468
Crown Cases
S. C. 4 New Rep. 155; 33 L. J. M. C 133; 10 L. T. 464, 28 J. P. 375, 12 W. R. 764; 9 Cox C. C 479. Followed, R. v. Elliott, 1908, 99 L. T. 200 Considered, R. v. Lockett and Others, [1914] 2 K B. 720.
[451] 1864 regina v. james heywood and others. (It is no ground of objection to an indictment m arrest of judgment that it contains several counts for distinct felonies. The proper course to pursue, when such joinder has a tendency to embarrass the prisoner m his defence, is to apply to the Judge either to quash the indictment or to compel the prosecutor to elect on which count he will proceed ) [S. C. 4 New Rep. 155 ; 33 L. J M. C 133 ; 10 L. T. 464 , 28 J. P. 375 , 12 W. K. 764 ; 9 Cox C. C 479. Followed, R. v. Elliott, 1908, 99 L. T. 200 Considered, R. v. LockeM and others, [1914] 2KB. 720.J The following case was stated by the Recorder of Bolton At the Court of Quarter Sessions of the Peace for the borough ol Bolton, in the County Palatine of Lancaster, holden by me as Recorder of the said borough on Thursday, the 31st of March, 1864, James Heywood, John Wood, Isaac Broughton, George Robinson and Edward Kippax were tried before me on the indictment set forth below ; and the jury by their verdict found James Heywoud and John Wood LE. ft CA, 462 REGOA V. JAMES HEYWOOD AND OTHERS 1469 guilty of stealing, and Isaac Broughton and George Robinson guilty of feloniously receiving, and Edward Kippax not guilty, after a trial which lasted two days. Borough of Bolton,^ The ]urors for our lady the Queen upon their oath to wit. J present that James Hey wood on the 1st day of September in the year of our Lord 1863 at the borough aforesaid and within the jurisdiction of this Court was servant to Augustus Warrens and another and that the said James Heywood afterwards and whilst he was such servant to the said Augustus Warrens and another to wit on the day and year aforesaid six hundred pounds weight of cotton weft four hundred pounds weight of cotton twist and one thousand pounds weight of cotton of and belonging to the said Augustus WTarrens and another his said masters then and there being found then and there feloniously did steal take and carry away against the form of the statute in such case made and provided. 2nd count. And the jurors aforesaid upon their oath aforesaid do further present that the said James Heywood and John Wood, Isaac Broughton, George Robin-[452]-son and Edward Kippax on the day and year aforesaid at the borough aforesaid and within the jurisdiction aforesaid six hundred pounds weight of cotton weft four hundred pounds weight of cotton twist and one thousand pounds weight of cotton of the property of the said Augustus Warrens and another then and there being found feloniously did steal take and carry away 3rd count. And the jurors aforesaid upon their oath aforesaid do further present that the said James Heywood, John Wood, Isaac Broughton, George Robinson and Edward Kippax afterwards to wit on the same day and year aforesaid at the borough aforesaid and within the jurisdiction aforesaid six hundred pounds weight of cotton weft four hundred pounds weight of cotton twist and one thousand pounds weight of cotton of the property of the said Augustus Warrens and another before then...
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