Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

R v Tremearne

Maclean & Robinson's Appeal Cases English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date25 August 1824
Date25 August 1824
CourtHigh Court

English Reports Citation: 171 E.R. 974

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Rex
and
Tremearne

Bodmin, coram Garrow B. Bodmin, Aug. 25, 1824. rex v. tremearne. (A judge at Nisi Prius may refuse to try an indictment clearly bad in point of law An indictment for perjury, not averring the matters falsely sworn to, to be material, nor shewing them to be so, is within this authority ) This was an indictment for perjury, charging that one A. B had been tried and convicted upon an indictment, for certain offences therein mentioned ; that A. B. afterwards obtained a rule, calling on the prosecutor to shew cause why a new trial should not be granted, and that the defendant, m order to prevent the said rule from being made absolute, made the affidavit whereon perjury was assigned. There was no averment that the matters falsely sworn to were material, nor could it be collected from the indictment that they were so. Upon the case being called on Garrow B pointed out the objection, and called upon the counsel [148] for the prosecution to support the indictment. Eex v. Souter, 2 Starkie's N P C. 423 ; Russ. Cr L 1789, was cited. Garrow B. I think this indictment is unquestionably bad, and that no future proceedings can be had upon it, in case the defendant should be convicted. I therefore think it my duty not to consume the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT