R v William Greenwood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1852 |
| Date | 01 January 1852 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 578
Crown Cases
1852. regina v. william greenwood. (The prisoner and one J. were indicted for a misdemeanor in uttering a counterfeit com. The uttering was effected by J in the absence of the prisoner, but the jury found that they were both, engaged on the evening on which the uttering took place, in the common purpose of uttering counterfeit shillings, and that in pursuance of that common purpose J uttered the coin specified in the indictment : Held, that the prisoner was rightly convicted as a principal, there being no accessories m misdemeanor Note.-Rex v Else, Russ. & Ry. 142, and Reg. v Page and Junes, 1 Russ. on Crimes, 82, are overruled ) [S. C. 21 L. J. M. C. 127 ; 19 L T. 0. S. 191 ; 16 Jur. 390 ; 16 J. P 356 ; 5 Cox C C. 521. Considered, Gould v Hougkton, [1921] 1KB 509 Referred to, R v Corny, 1882, 8 Q. B. D. 534.] The prisoner William Greenwood and one Johnson were tried before Talfourd J. at the last Assizes for the city of Exeter, for a misdemeanor in knowingly uttering a counterfeit shilling. The evidence proved that the uttering charged in the indictment was effected by the prisoner Johnson in [454] the absence of Greenwood ; but that both prisoners were together before the uttering, each offering counterfeit shillings of the same (a) As to the cases where a man may commit larceny by stealing his own goods from a bailee, see 4 Bl. Com. 231, and note by Chitty. a DEN. 486. REQINA V. WILLIAM GREENWOOD 579 description with that uttered by Johnson ; that they both brought food purchased with f he proceeds of such utterings to a common lodging ; and that Greenwood was taken on the same evening with a counterfeit shilling of the same mould in his possession and with eight good sixpences and five fourpenny pieces, which left no doubt of their joint, engagement in a common purpose of uttering base shillings and sharing in the ptoceeds. As to Johnson the case was without doubt; as to Greenwood the learned Judge directed the jury, that if they thought he was engaged on the evening in question with Johnson in the common purpose of uttering counterfeit shillings -having one stock of such coin-for their mutual benefit; and if, in pursuance of such purpose, Johnaon uttered the shilling, they ought to find Greenwood guilty, subject to the question of law which arose on the facts as to whether the actual presence of Greenwood, or so near neighbourhood as to amount to association in the very...
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