R v James Langmead

JurisdictionEngland & Wales
Judgment Date01 January 1864
Date01 January 1864
CourtCrown Court

English Reports Citation: 169 E.R. 1459

Crown Cases

James Langmead

S. C. 10 L. T. 350; 28 J. P. 343; 9 Cox C C. 464 Considered, R. v. Cunnock, 1914, 10 Cr. App. Rep. 207.

EE.&-CA.4S7. BEGIN A V. JAMES LANGMEAD 1459 [427] 1864. eegina v. james langmead. (Recent possession of stolen property is evidence, either that the person in possession stole the property, or that he received it knowing it to be stolen, according to the other circumstances of the case. Where the prisoner was found in the recent possession of some stolen sheep, of which he could give no satisfactory account, and it might reasonably be inferred from the circumstances that he did not steal them himself, it was held that there was evidence for the jury that he received them knowing them to have been stolen.) [S. C. 10 L. T. 350 ; 28 J. P. 343 ; 9 Cox C C. 464 Considered, R. v. CunnocJc, 1914, 10 Or. App. Rep. 207.] The following case was stated by the Chairman of Quarter Sessions for the county of Devon. Devon.] At the General Sessions of the Peace of our Lady the Queen held at the Gastle of Exeter, in and for the said county, on Tuesday, the 23rd day of February, 1864, James Langmead was indicted and tried for : 1st count. Stealing at Belstone, on the 22nd December, 1863, four wether sheep, two ewes and six sheep of the goods and chattels of George Glanfield. 2nd count. Feloniously receiving the said sheep knowing them to have been stolen. The following evidence was taken at the trial. George Glanfield, farmer at Belstone, occupies two tenements. Has a right of common on Belstone Common Had sixty-one sheep on the common in the month of December last. About a fortnight before Christmas Day I saw all my sheep but two on the common. About Thursday or Friday after Christmas Day I went to see my sheep, and found all except thirteen. Found six the week after, so that there were seven missing altogether, two ewes and five wethers,-Dartmoor breed. I mask my sheep " J. G." on the off [428] side with pitch, and redded down the flank ol the sheep, round half-penny in the near ear, square half-penny in the off ear. On Wednesday, the 3rd February instant, I went to Collypriest, Mr Bond's farm. Saw twenty-one sheep there of the Dartmoor breed. I examined them, and was certain there were four of mine there. There was a horned wether which I knew to b mine by its countenance and its horns and its ear mark. I had struck the sheep over the back at Midsummer shearing time That shewed in the wool before it was redded. When I saw the sheep at Bond's, 1 could see where the marks were , they "were coveied with redding. The ear marks were still perfect, and were the same as my ear marks. One of my sheep had a particular cut in the ear done by the sheare. That sheep I found at Collypriest Farm. That was a wether. I did not stay long the first time. I went again on the following Tuesday. Examined the flock again, and then found six of niy sheep-two ewes and four wethers (including the four). One of the other two had broken its leg within the knee. I have examined the sieep. They are my property. Cross-examined.] Lives in the parish of Belstone. Mr. Langmead lives there also. He rents an estate, and has an estate of his own-not worth 150. He is a guardian for the parish. I was born and reared there. He is assessor of taxes. Besides his own land he rents other land. I have a right also on Dartmoor. Belstone lies between Okehampton and Sticklepath. Sticklepath is between three and four miles from Okehampton. Any person driving from the prosecutor's or prisoner's house would dnve through Sticklepath to get to Exeter. In coming from the prisoner's house on to the old coach road he would come into the road about two miles from Okehampton. The road from Okehampton to Sticklepath is not particularly hilly. He [429] has something to do with mines. I never saw him driving any of my sheep. I cannot say to a day when I saw my sheep before Christmas. I think it was about a fortnight before Christmas. I go sometimes once a weet. From Belstone Common the sheep can get on to the Dartmoor Common. I have often missed sheep before-some certain ones. Never got news of them. Sheep who know the layer will never go away. Most all the sheep know the layer. gets paid fo? a quantity of coal over and above the quantity delivered, I am quite satisfied he is indictable." 1460 REGINA V. JAMES LANGMEAD LE. & CA. 480. Thirteen sheep missing after Christmas. Cannot say that two were missing a fortnight before Christmas. I have found six the week after ; I gathered them in about a mile off the spot. I never bought sheep but once m my life. That was last fall. They were not on the common There's a bit of top-cut on one by the shearer ; the other ear was cut to make it correspond I cannot discern it but very little now from the rest of the flock. One sheep struck for the scab The pitch mark on those I have seen I cannot discern , it is redded over Mr Langmead's farm is about a quarter of a mile from mine. I never saw these sheep on his farm Mr. Reddaway lives home by Mr Langmead. Mr Recldaway picked out some Mr. Enclacott picked out some. He lives a mile from Mr. Langmead Mr Langmead keeps a car. I did not see him on the 22nd December The policeman on the hrst occasion would not let us handle them. Collypnebt is forty miles from Belstone Re-examined.] I saw that the whole twenty-one sheep had come from Belstone. Prisoner had property at West Leigh That adjoins Belstone common. It is the habit of Dartmoor sheep to keep to their layer. Never missed six before. John French, servant living with Mr Langmead He kept a car just before Christmas. He has two sons-one about twelve, the other about eight The morning he went away, one morning in Christmas [430] week, he told me to get the car. I don't recollect how many days before Christmas Day. It was between Sunday and...

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13 cases
  • People (Attorney-General) v Oglesby
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    ... ... Woolmington's CaseELR [1935] A.C. 462 applied. Dicta of Blackburn J. in R. v. Langmead(1864) L. & C. 427, at p. 441, disapproved. 3. The so-called doctrine of recent possession does not shift or discharge the onus which rests on the ... ...
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