The King against D. Jackson
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1795 |
| Date | 28 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 480
IN THE COURT OF KING'S BENCH.
[145] the king against D. jackson. Wednesday Jan. 28th, 1795. If a defendant, who has been convicted on an indictment in an inferior jurisdiction, remove the record here by certiorari between verdict and judgment, with a view of making objections to the indictment in arrest of judgment, this Court will send the record back by procedendo, without going into the objections to the indictment. If the defendant wish to take, the opinion of this Court on the sufficiency of such an indictment, he must move the record here by writ of error after judgment below. The defendant, having been convicted at the sessions for the North Riding of the county of York on an indictment for extortion, removed the record here by certiorari between the verdict and the judgment, and then obtained a rule calling on the prosecutor to shew cause why the judgment should not be arrested for some objections to the indictment. The; case stood in the paper for argument to-day: but when it was called on, : Lord Kenyon Ch.J. said, that though there were instances in which the proceedings had been removed from inferior jurisdictions in this stage, it was a practice that ought to 4 e discouraged, because it was attended with great expence and many inconveniences. That in...
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