R v Overton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | High Court |
English Reports Citation: 174 E.R. 676
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
Subsequent proceedings with annotations, 2 Mood, C. C. 263 4 Q. B 83
Midland Summer Circuit, 1842, before Baron Parke and Mr Justice Patteson Warwick Assizes (Crown Side), before Mr. Justice Pattesou regina v overton (In an indictment for perjury, before commissioners of taxes, on an appeal of H against a surcharge for a greyhound used by H on the 24th of November, it was averred to be a material question whether a receipt for the price of the greyhound was given to the defendant before the 12th of September When before the commissioners, the defendant swore that he bought the greyhound o H on the 6th of September, and had a receipt for the price before the 12th of that month. It was objected that the sale of the greyhound was the only material fact, that the receipt was immaterial, and that the 12th of September was an immaterial day ò-Held, that the receipt was material, and that it was properly laid that it was a material question whether the receipt was given on the L2th of September. Every question on cross-examination of a witness, which goes to his credit, is material. On a Crown case reserved, the Judges will not allow the prisoner's counsel to argue objections that are 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 P , clerk, and H S G , Esq., '' were commissioners acting in the execution of certain Acts of Parliament relating to the duties of assessed taxes in and for the district of the hundred of Kmghton, in the county of Warwick, and thereupon, heretofore, to wit, on &c at &c , " at a meeting then and there held by the commissioners aforesaid, for the purpose of hearing and determining appeals against the certificates of supplementary charges made by one John Lee, crown surveyor, in pursuance of the said Acts, a certain appeal of one William Hewatt, of Combfields, in the district and county aforesaid, [656] in dua form of law came on to be heard," and that the defendant appeared before the commissioners " as a witness for and on behalf of the said William Hewatt, upon the hearing of the appeal aforesaid," and was sworn, and " that upon the...
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R. v. G.A.J., (1993) 120 N.S.R.(2d) 432 (CA)
...or touches the credibility of the witness it should not be excluded. "This was laid down in Reg. v. Overton , [1842] Car. & M. 655; 174 E.R. 676, and is still the law. There Lord Denman, C.J., said (p. 659): - 'You cannot dispute that everything comes out at a trial is material, if it g......
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