R v Payne and Another
| Jurisdiction | England & Wales |
| Judgment Date | 26 March 1831 |
| Date | 26 March 1831 |
| Court | High Court |
English Reports Citation: 172 E.R. 824
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Attorney-Collins
Before Mr Justice Patteson. March 26th, 1831. rex v. payne and another. (If a person strike another with a bludgeon, and break the skin and draw blood,-this is a sufficient wounding to be within the stat. 7 & 8 Geo IV. c. 31, s 11 & 12 Under that stat it is not at all material what the instrument is, with which the party is wounded ) Indictment on the stat. 9 Geo. IV. c 31, s 11 & 12, for wounding Richard Whitlocke, with intent to murder him, &e It appeared, that one of the prisoners had struck the prosecutor on the head with a bludgeon, that the skin was broken, and that blood flowed, but it also appeared, that the prosecutor, who was a game-keeper in the service of Mr Hanbury, had overtaken the prisoners in a road, and had insisted on searching their pockets before the blow was given. Mr Justice Patteson -If a person strike another with a bludgeon, and breaks the skin and draws blood, and this occur under such circumstances, that, if death had ensued, the offence would have amounted to murder, it will be a...
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