R v John Burton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 1254
LINCOLN'S INN
Distinguished, Williams v Stott, 1833, 1 Cr & M 675 Referred to, R v Murphy, 1850, 4 Cox C C 101
[237] 1829. rex v john burton. (In an indictment under 7 & 8 Geo IV c. 29, s. 47, the person employed to collect the sacrament money from the communicants is not the servant of the minister, churchwardens, or poor ) [Distinguished, Williams v Stott, 1833, 1 Cr & M 675 Referred to, R v Murphy, 1850, 4 Cox C C 101 ] The prisoner was tried and convicted of embezzlement before Lord Teuterden, at the Summer Assizes for Derbyshire, 1829, on the following indictment, I MOOD. 238. REX V. WILLIAM TURNER AND WILLIAM READER 1255 That John Burton, late of the township of Ghaddesden in the county of Derby, labourer, on 2Lst June in the 10th year &c., at &c , was a person employed and entrusted in the capacity of a servant by Richard Coke Wilrnot, to receive money for and on account of the said R. C. W., and being such person so employed and entrusted in tke capacity of servant as aforesaid, did then and there by virtue of such employment receive and take into his possession certain money, to wit, the sum of 5s., for and on the account of the said R C W., and afterwards, to wit, on the same &c , with force and arms, at &c., fraudulently and feloniously did embezzle and secrete the said money, and so the Jurors aforesaid, upon their oath aforesaid, and do say that the said J. Burton, in manner and form aforesaid, feloniously did steal, take, and carry away from the said R. C. W the said sum of 5s of the monies of the said R (J. W., for whose use and on whose account the same was delivered to and taken into the possession of the said J Burton, being such person so employed and entrusted in the capacity of a servant as aforesaid, against the form of the statute, &c., and against the peace. Second count In the name aforesaid R C. Wilmot. Third & fourth W Morley & Samuel Goodwin instead of R C Wilmot. Fifth & sixth R C! W , and said Morley & Goodwin Seventh & eighth. Of the poor of the township of (Jhaddesden R. C. Wilmot, who is named in the first and second counts, was curate of the perpetual curacy of the [238] township of Chaddesden (since made a parish), and Morden & Goodwin were the churchwardens The prisoner was the clerk of the chapelry. On the day mentioned m the indictment, being sacrament Sunday, he went to the pews of the several communicants with a plate, to collect the alms, and then took...
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The Queen v William Murphy
...P. 338. Regina v. CainENR 2 Mood. C. C. 204. Regina v. MillerENR 2 Mood. C. C. 249. Rex v. HallENR 1 Mood. C. C. 474. Rex v. BurtonENR 1 Mood. C. C. 237. Rex v. JensonENR 1 Mood. C. C. 434. The Queen v. Tucker 1 Cox, C. C. 235. H. T. 1850. Crim. Appeal. THE QUEEN v. WILLIAM MURPHY.* (Court ......