R v Richard Clarke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1854 |
| Date | 01 January 1854 |
| Court | High Court |
English Reports Citation: 169 E.R. 779
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 24. L. J. M. C. 25; 24 L. T. O. S. 136; 18 J. P. 743; 18 Jur 1059, 3 W. R. 20, 3 C. L. R. 86; 6 Cox C. C, 412. Considered, R. v. Dee, 1884, 15 Cox C. C. 579. Referred to, R. v. Young, 1878, 38 L. T. 540.
1854. regina v. richard clarke. (The prisoner had carnal knowledge of a married woman under circumstances which induced her to suppose he was her husband. The jury found that when he entered the bed of the prosecutnx he intended to have connection with her fraudulently, but not by force ; and if detected, to desist. Held, that the prisoner could not be convicted of a rape.) IS. 0. 24 L. J. M. C. 25 ; 24 L. T. 0 S 136 ; 18 J. P. 743 ; 18 Jur. 1059 ; 3 W. R. 20 ; 3 C. L. R.86 ; 6 Cox C. C. 412. Considered, R. v. Dee, 1884, 15 Cox C. C 579. Referred to, fl. v. Young, 1878, 38 L. T. 540.] The following case was reserved for the opinion of the Court of Criminal Appeal by mj. Justice Growder. Richard Clarke was tried before me at the York Assizes on the 16th July 1854, on an indictment [398] charging him in the usual form with committing a rape on the person of Jane Murgatroyd, the wife of John Murgatroyd. It appeared in evidence that Jane Murgatroyd went to bed at half-past nine o'clock in the evening, leaving the otiter door of her house unfastened, in the expectation of her husband's return home. Having fallen asleep, she was awakened at about half-past two o'clock by a man, whom she believed to be her husband, passing over her and getting into bed on the opposite side from that on which she was lying. She then fell asleep again, and in about ten minutes was awakened by the man in bed with her drawing her towards him, and having connection with her. She assented to the connection in the belief that the man was her husband She afterwards fell asleep again, and awoke in about twenty minutes, and then first discovered that the man in bed with her was the prisoner at the bar, who, as soon as he found himself detected, jumped out of bed and went away. The jury found the prisoner guilty ; but they found also, that when he entered the bed of Jane Murgatroyd he intended to have connection with hei fraudulently, but not by force, and, if detected, to desist; whereupon I respited the judgment, reserving for the opinion of the Court of Criminal...
To continue reading
Request your trial
-
R v Dee
...1 Car, & K. 415. R. v. CamplinENR 1 Den. C. C. 89. R. v. Ryan 2 Cox, C. C. 115. R. v. CaseENR 1 Den. C. C. 580. R. v. ClarkeENR Dears. C. C. 397; 24 L. J. Mag. Cas. 25. R. v. Richard Fletcher 8 Cox, C. C. 131; Bell.C.C. 63. R. v. Charles Fletcher L. R. I C. C. R. 39. R. v. Barrow Ibid. 156.......
-
R v Richard Fletcher
...instinct would be sufficient to prevent the act from constituting a rape. Kay. In Regina v. Case (1 Den. C. C. 580), Regina v Clarke (Dears C C. 397), Regina v. Saitnders (8 Car. & P. 265), Rex v. Jackson (Russ & Ry. 487), and Regina v Wilhams (8 Car. & P. 286), the woman consented, althoug......