The King against Wyer
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 1787 |
| Date | 09 November 1787 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 42
IN THE COURT OF KING'S BENCH
[77] the king against wyer. Friday, Nov. 9th, 1787. Persons receiving any goods, &c. belonging to a vessel in the Thames, knowing the same to be stolen, may be prosecuted for a felony under 2 Geo. 3, c. 28. The defendant had been committed under the 2 Geo. 3, c. 28, for receiving part of a cargo belonging to a vessel in the Thames, knowing the same to be stolen. And being now brought up by habeas corpus, Fielding and Garrovv moved that he might be bailed ; for though he was committed as for a felony, yet under the 2 Geo. 3, c. 28, he ought only to have been committed as for a misdemeanor. The twelfth section of that statute enacts, " That every person who shall buy or receive any part of a cargo, &c. knowing the same to be stolen, shall, being thereof convicted by due course of law, (although the principal felon has not been convicted of stealing or unlawfully procuring the same,) be transported for fourteen years to any of His Majesty's colonies or plantations in America, according to the laws in force for the transportation of felons." They contended that the latter words did not constitute a felony, but only explained the manner and time of the punishment. Shepherd opposed the prisoner's being bailed. By the 3 & 4 W. & M. c. 9, s. 4, receivers of stolen goods may be prosecuted as felons. By the 1 An. st. 2, c. 9, s. 2, they may be punished...
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