R v James Smith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1800 |
| Date | 01 January 1800 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 653
LINCOLN'S INN
1800. rex v. james smith. (Indictment on the 15 Geo. II. c 28, s 3, charged, that defendant uttered a counterfeit half-crown to J. F , and that at the time he so uttered it, he had about him another counterfeit half-crown , but it did not conclude with averring that he was a common utterer of false money : the judges held that such averment was unaeeessary, and that the indictment was sufficient to warrant the greater puJBshment of the 3d section of the statute. S C 2 Leach, C C. 856, 4th edit , 1 East, P. G. 183 ) The prisoner was tried before Mr. Justice Buller, at Maidstone summer assizes, in the year 1799, upon an indictment framed upon the 15 Geo II c 28, s. 3 (b), (a)1 Vide Rex v. Granger, or The Coal-Heaven,' case, 1 Leach, C C. 64, 4th ed ; Rex v. Wdls, Pasch., 1786, 1 East, P G 414 ; Rex v. Royce, 4 Burr 2073 ; Bex v. Fr&nkttfn, 1 Leach, C. C. 25&, where Lord Mansfield and the Court of King's Bench thought that defendant, though not armed, being present, aiding and assisting persons armed to resist revenue officers, was guilty as a principal. Vide also Sinus and Mtdvtnter's caw, Fest. 415, Rex v. Anmrro, post, Mich 1814, and 1 Geo. IV. o. 90. (a)* An indictment was found at the Admiralty sessions against prisoners for aastiCKHisiy bnrniBg a ship, with intent to defraud the underwriters ; this was made felony by the 22 & 23 Car II. a 11, s. 12, and the indictment was on that statute. On conference. Holt, C. J., and Tracy, J , thought this might be tried nnder the commission, and that the 28 Hen. VIII c 15 extended to the trial of an offence5 made felony by a subsequent statute ; but the other judges being of a drfferent opinion, it was agreed that it was not proper to try the prisoner.-Rex v. Snapet 1702, Tiacy's MS. 78^; 2 East, P. C. 807.-But see 1 Ann st. 2, c 9, s 4. (bfy By which it is^ enacted, That if any person whatsoever shall, after the said 29th day of September, utter or tender in payment any false or counterfeit money knowing the same to be false or counterfeit, to any person or persons, and shall either ~the same day or within the space of ten days then next, utter or tender in payment any more or other false or counterfeit money, knowing the same to be false or counterfeit to tke same person or persons, or taany other person or persons, or shall at the time of such uttering or tendering have about him or her, in his or her custody, one or aaeit piece or...
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The King v James Smith
...on the statute 15 Geo. II. c. 28, s 2, to warrant a year's imprisonment, must state the charge in one count. S. C. 1 East, P C 183 , Russ. & Ry 5 An indictment on the 15 Geo. II c. 28, for uttering counterfeit inoney^ having at the aame time other counterfeit money in custody, is good, alth......