R v William Mitchell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1860 |
| Date | 01 January 1860 |
| Court | High Court |
English Reports Citation: 175 E.R. 951
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
[44] norfolk circuit (ft). Cambridge Spring Assizes, 1860, coram Williams, J. regena v william mitchell (A certificate in the following form -" I hereby certify that the within-named William Mitchell is gaining his living by hawking," the production of which was necessary, in order that the prisoner might obtain payment of a sum of money to which he was entitled .-Held, not to be an undertaking, warrant, or order for the payment of money within the meaning of the 11 Geo 4 & 1 Will 4, c 66 For forging such a certificate the prisoner must be indicted for a forgery at common law ) The first count of the indictment stated that the prisoner forged a certain warrant for the payment of money, to wit, for payment of the sum of 21 17s 3d , with intent to defraud against the form, &c Second count, that the prisoner did utter, dispose of, and put off a certain forged warrant for the payment of money, to wit, for the payment of the sum of 21 17s 3d (he the said prisoner well knowing at the time he so uttered, disposed of, and put off (a) The Court of Exchequer refused a rule on the ground of misdirection as to the first count, but granted one on the ground that there was evidence on the second count, which rule was discharged (&) Reported by H. Markby, Esq. 952 REGINA V. KNIGHTS 2 F. ft F. 45. the said warrant then and there well knowing the same to be forged), with intent to defraud against the form, &c. It appeared that the prisoner was a convict, and that he had formerly been in the Lewes convict establishment, from which he had been liberated on a ticket-of-leave There was a rule in that establishment by which every prisoner was credited with a certain sum of money, called " convict money " The prisoner was entitled under this rule to the sum of 21. 17s 3rf , which would have been paid to him upon the production of a certificate signed by two witnesses, and the clergyman of the parish, that he was getting his living honestly In September last the prisoner sent by post to the superintendent of the Lewes convict establishment a certificate in the following form - " I hereby certify that the within-named William [45] Mitchell (the prisoner) is gaming his kving by hawking Dated 30th Sept , 1859. " Catherine Bull, Grocer, Boongate, Peterborough " (Signed) W. B. Hopkins, Vicar, Wisbech St Peter's." Both the signatures were forgeries. The learned Judge...
To continue reading
Request your trial