The King against Hill Darley
| Jurisdiction | England & Wales |
| Judgment Date | 29 June 1803 |
| Date | 29 June 1803 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 796
IN THE COURT OF KING'S BENCH.
the king against hill darlby. Wednesday, June 29th, 1803. After verdict of guilty upon an indictment on the stat. 9 Ann. c. 14, for an assault on account of money won at gaming, the return to the writ of certiorari which had been issued at the instance of the defendant was amended by inserting in the return of the caption the true time when, and the names of the justices before whom, the (ft)1 2 Ld. Eaym. 1061. (6)1 2 Blac. 846. - (ctf Cro. Eliz. 760. (Vf Carth. 70. (c) Rep. temp. Hardw. 314. 4 EAST, 175. THE KING V. DARLEY 797 quarter sessions at which the indictment was found was holden, and the names of the jurors by whom it was found. And the entry roll and record of Nisi Prius were alsb amended, as to the caption of the indictment, (but not as to the names of the grand jurors,) by making the same agree with the caption so amended. If the jury find that the assault; was on account of money won at play, the case is within the statute 9 Ann. c. 14, though the assault were committed at a subsequent time and place, and after abusive language between the parties in respect of such money won. This was an "indictment removed into this Court by certiorari for an assault and battery, which was tried before Heath J. at the last assizes in Sussex; the two first counts of which were framed upon the stat. 9 Ann. e. 14; the first stating that the prosecutor S. Embden on' the 10th of August, 42 Geo. 3, at Brighton, &c. did, by playing at dice, win of the defendant 501., and that S. E. having so won the said sum by playing at dice as aforesaid, the defendant afterwards on the llth of August in the same year, with force and arms at B. aforesaid, &c. did assault and beat the said S. E. upon account of the said money so won by the said S. E. playing at dice as aforesaid, contrary to the form of the statute. The second count only varied from the first in stating that the money was won by betting at a game of dice. There was a third count [175] for a common assault. Plea not guilty. After a general verdict of guilty ; - Gurney, for the prosecutor, moved in the last term upon an affidavit of the clerk of the peace for the county of Sussex, stating that the indictment, which appeared by the caption returned to have been found at the Midsummer General Quarter Sessions of the Peace, was not found then, but at the Michaelmas Sessions following, for a rule calling upon...
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