R v Jane Brawn and Thomas Webb
| Jurisdiction | England & Wales |
| Judgment Date | 25 July 1843 |
| Date | 25 July 1843 |
| Court | High Court |
English Reports Citation: 174 E.R. 751
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
S. C. sub nominee R. v. Bawn, 1 L. T. (O. S.) 528; 7 J. P. 530, 1 Cox, C. C. 33, Not followed, R. v. Faming 1866, 14 W. R. 70 Approved and Followed, R. v. Allen, 1872, L. R. 1 C. C. R. 367.
[144] norfolk slmmer circuit, 1843 Huntingdon Assizes (Crown Side), before Lord Deiiman, C. J July 25th, 1843 regina v. jane brawn and thomas webb. (A., a married woman, in the lifetime of her husband, married B who was a widower, B having been the husband of A 's deceased sister -Held, that this was bigamy in A , and that the circumstance, that the marriage of A. and B would have been wholly void under the stat 5 & 6 Will IV c 54, s 2, even if A. had been an unmarried person, made no difference ò-Held, also, that if B knew at the time of his marriage with A that she was a married woman, he might be convicted of the felony of counselling A to commit bigamy ) [S C sub no mine R v Bawm, I L T (0 S ) 528; 7 J P 530, I Cox, C C 33. Not followed, R v Fanning, 1866, 14 W R 70 Approved and followed, R v Allen, 1872, L R I C C R 367 J Bigamy -The first count of the indictment charged that the prisoner had married Thomas Brawn, and afterwards married the other prisoner, Thomas Webb, the said Thomas Brawn being then alive. The second count charged that the prisoner, Thomas Webb, on &c , at &c , " unlawfully, maliciously, and feloniously, did incite, move, procure, counsel (a), hire, and command the said Jane Brawn the felony aforesaid, in manner and form aforesaid, to do and commit, against the form of the statute,"^ &c. The third count charged that the prisoner, Thomas Webb, " well knowing the said Jane Brawn to have done and committed the said felony and bigamy in form aforesaid, to wit, on the same day and year aforesaid," at &c , '' the said Jane Brawn did feloniously leceive, harbour, and maintain, against the form of the statute," &c (a) By the stat 9 Geo IV c 31, s 22, it is enacted, " that if any person, being married, shall marry any other person during the life of the foimer husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, and abetting such offender, shall be guilty of felony," and be liable to be transported for seven years, or imprisoned with or without hard labour for two years...
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