R v John Wilson
| Jurisdiction | England & Wales |
| Judgment Date | 05 August 1817 |
| Date | 05 August 1817 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 353
IN THE COURT OF COMMON PLEAS
Held Over-ruled, R. v. Ellis, 1826, Ry. & M. 432.
[597] Aug. 5, 1817. rex v john wilson. (The examination of a prisoner before a magistrate, who examines such prisoner as a witness, although he holds out no threat or inducement, cannot be used dgainst him.) [Held over-ruled, R. v. Ettia, 1826, Ry. & M. 432 ] The prisoner was indicted for uttering forged notes, knowing them to be forged. There was nothing particular in the immediate act of uttering ; and the question was, as to the prisoner's knowledge. An accomplice was the principal witness , and to confirm his evidence, the counsel for the prosecution produced the prisoner's examination before the magistrate who committed him. It was not tendered as a confession, but as containing facts which appeared upon the prisoner's examination, confirmatory of the testimony of the accomplice The magistrate being examined, stated, that he held out no hopes or inducement to the prisoner, employed no threats, but that he had examined him at a considerable extent, in the same manner as he was accustomed to examine a witness. The prisoner, however, was not sworn. Richards, Lord 0. B.-I think I am not at liberty to suffer this examination to be read. No matter whether a prisoner be sworn or not An examination of itself imposes an obligation to speak the truth. If a prisoner will confess, let him do so voluntarily. Ask him what he has to say ? But it is irregular in a magistrate to examine a prisoner in the same manner as a wit-[598]-ness is examined. I must re]ect this examination Tie prisoner was acquitted * Raine and Williams for the prosecution. * The examination of a prisoner ought to be without oath. Bull. N P. 242. And the whole of the confession must be taken together, when it is offered in evidence. But if only the material parts of the confession are taken down in...
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