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R v William Newton

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1838
Date01 January 1838
CourtHigh Court of Chancery

English Reports Citation: 169 E.R. 24

LINCOLN's INN

Regina
and
William Newton

1838. regina v william newton (A prisoner convicted, or confessing to an indictment for uttering a forged " order,'' ought not to have judgment passed, if it appears that the person whose name is forged had no authority to order, and the writing merely purports a request ) The prisoner was tried before Mr Justice Bosanquet at the Summer Assizes 1838, for the borough of Leicester, for uttering a forged order for delivery of goods which was set forth as follows, viz - "July 11, 1838. " Mr. Lang, please to send one piece of lead by the bearer, 12 long 16 wide. " george kilbv, Queenborough " With intent to defraud Peter Thomas Lang, and in a second count with an intent to defraud George Kilby The prisoner pleaded guilty [60] The learned Judge postponed passing sentence till the next day, for the purpose of looking into the facts, when it occurred to the learned Judge that they did not shew any right in Kilby to make an order on Lang for the delivery of lead ; and that the instrument set forth in the indictment did not import any thing more than a request which Lang might or might not comply with as he might think fit Under these circumstances the learned Judge thought it right to respite the sentence till the next assizes, and to bring the case...

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