R v John Sansome
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1850 |
| Date | 01 January 1850 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 366
Crown Cases
S. C. 3 Car. & Kir. 332, T. & M. 260; 4 New Sess. Cas. 152, 19 L. J. M. C. 143; 15 L. T. O./ S. 119; 14 J. P. 273; 14 Jur 466, 4 Cox C. C. 203. Referred to, R. v. Hertfordshire Justices, 1910, 80 L. J. K B. 437.
[545] 1850. regina v. john sansome (I. A statement made by a prisoner before a committing magistrate, and signed by the prisoner and the magistrate, if taken in the form prescribed by the schedule to the stat. 11 & 12 Viet. c. 42, is admissible in evidence against him at his trial at common law. 2. Semble, that where there is no evidence of any previous threat or inducement having been held out to the prisoner, such statement would be admissible under the above statute ; viz without proof of the magistrate's signature 3. It will be prudent for Justices always to give the prisoner the second caution as well as the first 4. Qucere, whether, where there has been a previous threat or inducement held out to the prisoner, the Justice must give him the second caution as well as the first ?) [S. C. 3 Car. & Kir. 332 , T. & M. 260 ; 4 New Sess. Cas. 152 , 19 L. J. M. C. 143 ; 15 L. T. 0. S. 119 ; 14 J. P. 273 ; 14 Jur. 466 , 4 Cox C. C. 203. Eeferred to, R. v. Hertfordshire Justices, 1910, 80 L. J. K B. 437.] The prisoner was tried before Lord Campbell C. J , at the Spring Assizes for the county of Nottingham, a.d. 1850, for the murder of Elizabeth Bailey, by introducing his finger into her womb with the intention of procuring abortion For the prosecution there was offered in evidence a declaration made by him beiore the committing magistrate in the annexed form. The magistrate's clerk who was called to prove it, stated that when the prisoner was before the magistrate the witnesses for the prosecution being examined in his presence, the magistrate thus addressed him -" Having heard the evidence do you wish to say anything in answer to the charge '* You are not obliged to say anything unless you desire to do so , but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial " , that the magistrate added nothing more The prisoner then made the declaration which was taken dawn, read over to him and signed by him, and that it was signed by the magistrate. The prisoner's counsel objected that under the stat 11 & 12 Viet c 42, s. 18, the declaration was not admissible, as the magistrate had not stated to the prisoner or given him clearly...
To continue reading
Request your trial
-
R v John Sansome
...English Reports Citation: 175 E.R. 576 QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER Regina and John Sansome S. C. with annotations, 1 Den 545 [332] court for crown cases reserved Before Lord Campbell, C J , Parke, B , Alderson, B , Cresswell, J ; and Erie, J April 27th, 1850 regina v john sans......
-
The Queen v John Christopher, John Smith, and George Thornton
...of the matters for which the examination was taken. (Venafro, v. Johumm, 1 Mood & R. 316.) In the principal 366 REQINA 17. JOHN SANSOME 1 DEN. 545. that the answer was to be found in a paper signed by the witness, which must be regarded as a deposition, having acquired that character from t......