R v John Sansome
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1850 |
| Date | 01 January 1850 |
| Court | High Court |
English Reports Citation: 175 E.R. 576
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
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 sansome (If the confession of a prisoner taken before a magistrate be by him transmitted to the judge, and it has on the face of it a statement that the first caution required by the stat 11 & 12 Viet c 42, s. 18, has been given, it is receivable in evidence ; but, semble, that if it appeared that an induement to confess had been previously held out to the prisoner, it would be necessary to show that the second caution prescribed by that statute had been given The prudent course is for the magistrate to give both the cautions, as some inducement to confess may have been held out to the prisoner of which the magistrate is not aware ) [S C with annotations, 1 Den 545 ] Murder The prisoner was tried before Lord Campbell, C J , at the Nottingham Spring Assizes, and found guilty, subject to the opinion of this Court upon the following case. " The prisoner was tried before me 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 before the committing magistrate, in the following form c' Nottinghamshire) John Sansome stands charged before me the undersigned, to wit /one of her Majesty's justices of the peace in and for the county of Nottingham, this twelfth day of May, in the year of our Lord one thousand eight hundred and forty-nine, for that he, the said John Sansome, on the nineteenth day of April last, at the parish of Sutton, in Ashfield, in the said county, unlawfully and feloniously used an instrument to the person of one Elizabeth Bailey, she then and there being with child, with intent then and there to procure the miscarriage of her the said Elizabeth Bailey , and the said charge being then read to the said John Sansome, and the witnesses for the prosecution, Richard Souldmg, Mary Ann Oscroft, Lucy Bailey, John Senior Turner, William Parker and David Richardson, being severally examined in his presence, the said John Sansome is now addressed by me as follows :- " Having heard the evidence, do you wish to say anything in answer to [333] 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 on your trial' Whereupon the said John Sansome saith as follows - " As regards the charge of introducing...
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R v John Sansome
...English Reports Citation: 169 E.R. 366 Crown Cases Regina and John Sansome 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......