Re gina v Orgill
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | High Court |
English Reports Citation: 173 E.R. 749
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
Referred to, Yelverton v. Longworth, 1864, 11 L. T. 118; R. v. Fanning, 1868, 10 Cox, C C. 411.
Stafford Assizes, before Mr. Baron Alderson. regina v obgill (In Ireland the marriage of two Roman Catholics by a Roman Catholic priest is good ; and if a person at the time of such marriage declares himself to be a Roman Catholic^ and the woman be a Roman Catholic, this is a good marriage as against him ; and if he be afterwards tried for bigamy on this marriage (he having been before married to another wife who was still alive), he will not be allowed to set up his supposed Protestantism as a defence to the charge. To prove such a marriage, evidence was given that the Rev. W. O'S. (who officiated) acted as a Roman Catholic priest, and that the marriage (as was usual) took place at his house, and he asked the parties if they were Roman Catholics, and that they said they were so ; that part of the ceremony was in English and part in Latin, and that having asked the man if he would take the woman as his wife, and the woman if she would take the man as her husband, and each having answered in the affirmative, he pronounced them married :-Held, sufficient ) [Referred to, Yelverton v. Longworth, 1864, li L. T. 118 ; R. v. Fanning, 1868, 10 Cox, C C. 411.] (a)1 By which it is enacted, " that if any person shall break and enter any shop, warehouse, or counting-house, and steal any chattel, money, or valuable security/' every such offender is liable to be transported for life &c. But now, by the stat. 1 Viet. c. 90, the punishment is reduced to transportation for any term not exceeding fifteen years, or less than ten years, or imprisonment not exceeding three years, to which hard labour and solitary confinement may be added. (a)2 In the case of Rex v. Russell, M. C. C 356, it was held by the fifteen Judges, that an accessary before the fact to the crime of self-murder was not triable at common law, because the principal could not be tried, and that he is not now triable for a substantive felony under the stat. 7 Geo. IV. c. 64, s. 9, as that statute was to be considered as extending to those persons only who, before the statute, were liable either with or after the principal, and not to make those liable who before could never have been tried. And it was also held, that if a woman takes poison with intent to procure a miscarriage, and dies of...
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