R v Josiah Overton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | High Court of Chancery |
English Reports Citation: 169 E.R. 105
LINCOLN's INN
S. C. Car. & M. 655; 12 L J M C 61, & J. P 513, sub nomine Overton v. R., 3 Gal. & Dav 133; 7 Jur 196. Distinguished, Lavey v. R, 1851, 17 Q. B. 496. Referred to, Ryalls v. R., 1848, 17 L J. M C. 92; R. v. Courtney, 1856, 7 Cox C. C. 111. Considered, R v. Baker, [1895] 1 Q B 797
1842. kegina v josiah overton. (A question having no general bearing on the matters in issue, may be made material by its relation to the witness's credit and false swearing thereon will be perjury.) [S. C. Car. & M. 655 ; 12 L J M C 61 , 7 J. P 513 , sub nomine Overtoil v. R., 3 Gal. & Dav 133 ; 7 Jur 196. Distinguished, Lavey v. R , 1851, 17 Q. B. 496. Referred to, Ryalls v. R., 1848, 17 L J. M C. 92 ; R. v. Courtney, 1856, 7 Cox C. C. 111. Considered, R v. Baker, [1895] 1 Q B 797.] The prisoner was tried before Mr. Justice Patteson at the Summer Assizes for Warwick, 1842. The indictment charged, that on the 10th of February, 1842, at a meeting of commissioners for [264] hearing appeals against the certificate of supplementary charges made by John Lee, Crown surveyor, a certain appeal of Wm. Hewatt came on to be heard. That prisoner was sworn as a witness ; that on the said appeal it was a material question, whether a certain receipt, then and there produced by the prisoner, was given to him before the 12th of September then last past. That prisoner did falsely, corruptly, knowingly, and wilfully swear that the receipt was given before the 12th of September, whereas it was not; and that the prisoner on the said day did thereby falsely and wickedly commit wilful and corrupt perjury. It was proved that at the commissioners' meeting evidence was given that Hewafct and the prisoner were coursing with two greyhounds on the 24th of November, 1841, and that one of the dogs had been Hewatt's. Hewatt had no certificate, and he was surcharged on the 28th of November, against which he appealed Hewatt, in support of his appeal, said that the dog had been sold to the prisoner long before, "and called the prisoner as a witness The prisoner swore that he bought the dog on the 6th of September, 1841, and produced a receipt for the purchase money, £5, 5s , bearing that date. He was asked by Lee the surveyor whether the receipt was given at the time of the sale l Prisoner said it was not, but a few days after. Upon being pressed, he said it was given him before the 12th of September Lee pointed out that the...
To continue reading
Request your trial
-
R v Overton
...apparent on the face of the indictment, but will leave the prisoner to his writ of error ) [Subsequent proceedings with annotations, 2 Mood. C. C. 263 4 Q. B 83 J Perjury -The indictment charged, that before and at the time of the taking of the false oath by the defendant, R L , clerk, F D ......
-
Lavey against The Queen
... ... It is not sufficient to aver that the tribunal had authority to administer " an " oath ; but is there any other authority than Regina v. Overton (4 Q. B. 83), for saying that the averment that the tribunal had jurisdiction to administer " the said oath " is insufficient?] No other has been ... ...