R v Joseph Jackson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1822 |
| Date | 01 January 1822 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 911
LINCOLN'S INN
Followed, R. v. Clarke, 1854, 6 Cox C. C. 412. Considered, R. v Dee, 1884, 15 Cox C. C. 579. Referred to, R. v. Williams, 1838, 8 C & P 286, R v. Young, 1878, 38 L. T. 540.
[487] 1822. rex v. joseph jackson (Havmg carnal knowledge of a married woman under circumstances which induce her to suppose it is her husband. Held, by a majority of the judges, not to amount to a rape.) [Followed, R. v. Clarke, 1854, 6 Cox G. C. 412. Considered, R. v Dee, 1884, 15 Cox C. C. 579. Referred to, R. v. WiUiams, 1858, 8 C. & P 286 , R v. Young, 1878, 38 L, T. 540.] The prisoner was convicted before Mr Justice Bayley, at the spring asaizes at Lancaster in the year 1822, for a burglary with an intent to commit a rape upon a niamed woman. It appeared in evidence that the prisoner went into the room, and got into the woman's bed as if he had been her husband , that he was hi the act of copulation when she made the discovery, and immediately, and before completion, he desisted The jury found that he entered the house with intent to pass for her husband, and to have connection with her ii she did not discover the mistake, but not with the intention, of forcing her if she made that discovery. The learned judge thought it xight to reserve tbe question for the consideration of the judges, whether the connection with the womant whilst she was under that mistake, would...
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