The King against Gourlay
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 873
IN THE COURT OF KING'S BENCH.
S. C. (sub nom. Ex parte Gourlay) 1 Man. & Ry. 619; 6 L. J. M. C. O. S. 89. Referred to, Ex parte Terraz, 1878, 4 Ex. D. 70; R. v. Jacobi, 1881, 46 L. T. 596, n.
the king against gourlay. 1828. A commitment of an insane person under the 39 & 40 G. 3, c. 94, s. 3, is not a commitment in execution, and is not, therefore, to be construed with the same strictness; and, therefore, a warrant, stating that A. B. had been discovered and apprehended under circumstances that denoted a derangement of mind, and a purpose of committing some crime, for which, if committed, he would be liable to be indicted, to wit, an assault, and that the said A. B., being brought before the justice, he committed him, was held to be sufficient, although it did not state the name of the person whom the prisoner intended to assault, and it did not appear that the committing magistrate received any evidence on oath. [S. C. (sub nom. Exparte Gmtrlay) 1 Man. & Ey. 619; 6 L. J. M. C. 0. S. 89. Referred to, Exparte Terras, 1878, 4 Ex, D. 70; B. v. JacoU, 1881, 46 L. T. 596, n.] The prisoner was committed to the house of correction for the county of Middlesex, (a) The case was previously argued before three of the Judges of this Court during their sittings in Bane after Michaelmas term. K. B. XXXVII.-28* 874 THE KING V. GOURLAY 7B.&C.CTO. by the following warrant, signed by a magistrate of Middlesex :-" Whereas Robert Gourlay hath been discovered and apprehended under circumstances that denote a derangement of mind, and a purpose of committing a crime (that is to say) an assault and breach of the peace, [670] for which, if committed, he would be liable to be indicted ; and the said Robert Gourlay being brought before me, one of the justices of the peace for the said county, and it appearing to me that I ought to issue a warrant for committing him as a dangerous person suspected to be insane, these are therefore to command you and each of you to receive into your custody the body of the said Robert Gourlay, herewith sent, as a dangerous person, suspected to be insane, and him safely to keep in your custody, until he shall be bailed as directed by the statute in that case made and provided, or until he shall be discharged by due course of law; and for so doing this shall be your sufficient warrant." The prisoner being now brought into Court by virtue of a habeas corpus, Campbell moved that he might...
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