R v Leason and Edwards
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 936
COURTS OF KING'S BENCH AND COMMON PLEAS
eex vers. leason and edwards. The prayer to intitle a man to the benefit of the Habeas Corpus Act must be entered in the Court where he ought to be tried. D. ace. 3 Vin. 533. The defendants were taken by a messenger, and kept in custody several days in Middlesex; and the beginning of this term they entered their prayer according to the (a) Habeas Corpus Act. After being brought before Sir William Trumball Secretary of State, he committed them to the Marshalsea for high treason in conspiring 1LD.RAYM.62. MICH. TERM, 7 WILL. 3 937 the death of the King, which fact was supposed to be committed in Surrey. And now being brought to the King's Bench by habeas corpus, Sir Francis Winnington and Sir Bartholomew Shower moved that they should be bailed (b). But denied by the Court, for the intent of the Habeas Corpus Act was, that the prayer should be entered, where the party ought to be tried; which in this case must be at the assizes in Surrey, for the King's Bench cannot originally hold plea of felony arising out of Middlesex, and therefore the King's Bench will remand the prisoners to the Marshalsea. Ex relatione m'ri Ives. Hill. 8. [62] The Lord Montgomery, being indicted in London for high treason for conspiring the death of the King, entered his prayer in the King's Bench ; but adjudged that it ought to be entered at the Old Bailey. (a) Vide Comb. 111. 3...
To continue reading
Request your trial
-
Young v Rudd
...COURTS OF KING'S BENCH AND COMMON PLEAS Young and ers. Rudd Discussed, Foakes v. Beer, 1884, 9 App. Cas. 618. 936 MICH. TERM, 7 WILL. 3 1LD. RAYM. 61. young vers. eudd. S. C. Carth. 347. Salk. 627. [Discussed, Foakes v. Beer, 1884, 9 App. Gas. 618.] In assumpsit the defendant may plead a gi......