R v Spencer and Another

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date03 Mar 1837

English Reports Citation: 173 E.R. 338

IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER

Rex
and
Spencer and Another

Referred to, R. v. Gilles, 1866, 14 W R 845

March 3rd, 1837 rex v spencer and another (There is a difference of opinion among the .fudges whether a, confession made to a person who has no authority, after an inducement held out by that person, is receivable in evidence ) [Referred to, R. v. Gdht,, 1866, U W R 845 J Sheep-stealing -The prisoner, David Spencer, was charged with stealing a ewe, the property of William Hiorns, and the prisoner Hannah Spencer (his mothei) was cHarged with receiving a shoulder of mutton, being part of the stolen sheep, knowimg it to have been stolen * See the case of Rex v. IVhalley, ante, p. 245 7 CAR. * P. 777. WILLIAMS V. GESSEY 339 It was proved, that after the prisoner David Spencer was in custody, he was told by a person, who was neither prosecutor nor constable, nor had any authority of any laud, that it would be better for him to confess, and that upon that he made a statement Paike, B.-Mr Carrington, if you wish me to receive evidence of this confession, 1 will do so ; but I ought to tell you that there is a dittereuce of opinion among the Judges, whether a confession made to a person who has no authority, after an inducement held out by that perstm, is...

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5 cases
  • Tofilau v The Queen
    • Australia
    • High Court
    • 30 August 2007
  • R v John Parker and George Parker
    • United Kingdom
    • Crown Court
    • 1 January 1861
    ...it was objected by the counsel for the prisoners, upon the authority of Reqina v. Sarah Taylor, 8 Car & P. 733 , rcjl v Spencer, 7 Car. & P. 776; and Rex v Fountney in 7 Car. & P page 302, and other cases, which he then cited, that the confessions of John, being one continuing c......
  • The State v Treanor and Others
    • Ireland
    • Court of Criminal Appeal (Irish Free State)
    • 2 September 1924
    ...9 Crim. App. R. 236. (11) S. 32 in quoted in note (1), on p. 195, ante. (1) [1914] A. C. 599. (2) 11 Exch. 360. (3) 2 Lew. C. C. 227. (4) 7 C. & P. 776. (5) [1918] 1 K. B. 531. (6) 11 M. & W. 483. (7) Moo. & M. 196. (8) Under sect. 28 of the Courts of Justice Act, 1924 (cited in......
  • R v Elizabeth Garner
    • United Kingdom
    • Crown Court
    • 1 January 1848
    ...the confession ought to be struck out of the learned Judge's notes, and not be submitted to the jury. The following cases were cited ; 7 C & P. 776, tipencet's case , 8 C & P. 733, Satah Taylar's case; 2 Oar & Kir. 225, R v Laugher. After consulting with Lord Denman, the learned......
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