R v Mary Ann Taylor

JurisdictionEngland & Wales
Judgment Date01 January 1807
Date01 January 1807
CourtHigh Court

English Reports Citation: 170 E.R. 1001

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Rex
and
Mary Ann Taylor

Same day. rex v mary ann taylor. (An indictment for perjury in a written deposition before a magistrate, in which a word necessary to the sense had been omitted, in setting out the substance and efleet of the deposition, supplied a word according with the sense, aa if it had actually stood m the deposition Held to be a fatal variance. The deposition should have been literally set out, and the meaning explained by an inueudo ) This was an indictment for perjury in exhibiting articles of the peace against Samuel Naylor The indictment stated that the defendant went before a justice of the peace, and swore in substance and to the effect following (that is to say), " that the said Samuel Naylw, on the 1st [405] day of January in the year of our Lord 1808, in the parish of St. Mary-le-Bonne in the county of Middlesex, made an assault upon her the said Mary Ann Taylor with an umbrella, and at the same time threatened to shoot her with a, pistol." The information, when produced from the public office 111 Bow-street, stated the assault with the umbrella, m the same words as in the indictment, but it then went ob to say, " and at the same threatened to shoot her, &c." without mentioning the word time. Raiue for the defendant pointed this out as a fatal variance Gareow, on the other side, allowed it would have been so if the indictment had undertaken to set...

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1 cases
  • Baring v Noble; Clayton's Case
    • United Kingdom
    • High Court of Chancery
    • 1 Enero 1816
    ...this act, although really the act of his partner in the name of the partnership, is binding upon himself as a partner. Alder son v. Pope (1 Campb. 404:). The inference to bo drawn from it is, that they consider the estate of the deceased as not to be resorted to ; but that the house ought t......

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