R v Joshua Yeadon and James Birch
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1861 |
| Date | 01 January 1861 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1312
Crown Cases
S C. 31 L. J. M. C. 70; 5 L. T. 329; 36 J P 148; 7 Jur N. S. 1128; 10 W R. 64; 9 Cox C. C. 91 Considered, R v Taylor, 1869, L R 1 C C. R 194; Crane v. Director of Public Prosecutrons, [1921] 2 A. C. 299. Referred to, R. v. Guthrie, 1870, L R. 1 C. C. R 241, R. v. Plummer, [1902] 2 K. B. 339
START [81] 1861. regina v. joshua yeadon and james birch. (Upon an indictment containing a count for an assault occasioning actual bodily harm, under the 14 & 15 Viet c. 100, s 29, the jury may return a verdict of Guilty of a common assault merely. Where the Judge declined to receive such a verdict as illegal, and the jury thereupon found a general verdict of Guilty, the Court awarded a venire de novo.) [S C. 31 L. J. M. C. 70 ; 5 L. T. 329 ; 26 J P 148 ; 7 Jur N. S. 1128 ; 10 W R. 64 ; 9 Cox C. C. 91 Considered, R v Taylor, 1869, L R 1 C C. R 194 ; Crane v. Director of Pubhe Prosecutions, [1921] 2 A. C. 299. Referred to, R. v. Guttirte, 1870, L R. 1 C. C. R 241, R. v Plummer, [1902] 2 K. B. 339 ] The following case was stated by the Chairman of Quarter Sessions for the West Riding of Yorkshire. (a) His lordship probably referred to Fost. 123, 124. See also 2 East. P. C. c. 16, s. 7, and s. 90. (b) Russ. & Ry. 478 See also Rex v. Wtlhwison, Russ. & Ry. 470, where it was held to be larceny for a man to steal his own goods from his own bailee, although his intent is to defraud the king, and not to charge the bailee. LB. &OA. 82. REGINA V. JOSHUA YEADON AND JAMES BIRCH 1313 Joshua Yeadon and James Birch were nadicted at the Quarter Sessions for the West Riding of Yorkshire, held at Bradford, on the 2nd of July, 1861, under the 14 & 15 Viet. c. 100, s 29, and the 14 & 15 Viet c 19, s 4, as follows - West Riding"] The jurors for our lady the Queen upon their oath present that of Joshua Yeadon, late of Otley, in the West Riding of the county Yorkshire J of York, labourer, and James Birch, late of the same place, labourer, on the 23rd day of May, in the 24th year of the reign of our sovereign lady Victoria, by the grace of Gocl of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, with force and arms, &c , at the parish of Guiseley, in the saad West Riding of the county of York, unlawfully and maliciously did assault one Hiram Roberts, and did then and there unlawfully and maliciously kick and wound him, the said Hiram Roberts, in and upon the...
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Conway v R
...members of the Court of Crown Cases Reserved even differed as to whether the Court had power to grant a venire de novo. But in R v Yeadon and Birch21, the Court awarded a venire de novo after holding that the trial judge had erred in refusing to accept the first verdict returned by the jury......
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The Queen v A2; The Queen v Magennis; The Queen v Vaziri
...[1921] 2 AC 299 at 319, 324, 330, 333. See also R v Granberg (1973) 11 CCC (2d) 117 at 121. 251 See R v Yeadon and Birch (1861) Le & Ca 81 [169 ER 1312]. See also R v Mellor (1858) Dears & B 468 [169 ER 252 Crown Cases Act 1848 (11 & 12 Vict c 78), s 2. Compare R v Parry, Rea and Wright (18......
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The Queen v A2; The Queen v Magennis; The Queen v Vaziri
...[1921] 2 AC 299 at 319, 324, 330, 333. See also R v Granberg (1973) 11 CCC (2d) 117 at 121. 251 See R v Yeadon and Birch (1861) Le & Ca 81 [169 ER 1312]. See also R v Mellor (1858) Dears & B 468 [169 ER 252 Crown Cases Act 1848 (11 & 12 Vict c 78), s 2. Compare R v Parry, Rea and Wright (18......
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R v Rose (Newton) ; R v Johnson ; R v Clarke ; R v Henry
...obtaining a verdict of guilty from them. Other examples would be where the verdict of the jury was ambiguous or, as in the old case of R. v. Yeadon [1861] L. & C.C.C. 81, the jury brought in two successive verdicts inconsistent with one another as a result of the Chairman of Quarter Session......