The King v Brasier
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1815 |
| Date | 01 January 1815 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 202
THE COURT OF KING'S BENCH
S. C. 1 East, P. C. 443, Bull. N. P. 293, Edit 1790. Referred to, R v Guttridge, 1840, 9 C. & P. 471; R v Paul, 1890, 25 Q B. D 202; R v. Lillyman, [1896] 2 Q. B. 167.
case XCVIII the Kmo v brasier (An infant witness under seven years of age, if apprized of the nature of an oath, must be sworn_, for no testimony is legal except it be given upon oath ) [S. C. 1 East, P. C. 443, Bull. N. P 293, Edit 1790. Referred to, R v GnUndge, 1840, 9 C. & P 471 ; R v Paul, 1890, 25 Q B. D 202 ; R v. Ltllyman, [1896] 2 Q. B. 167.] This was a case reserved for the opinion of the Twelve Judges, by Mr Justice Buller, at the Spring Assizes for Reading, in the year 1779, on the trial of an indictment [200] for an assault with intent to commit a rape on the body of Mary Hams, an infant under seven years of age The case against the prisoner was proved by the mother of the child, and by another woman who lodged with her, to whom the child, immediately on her coming home, told all the circumstances of the in]ury which had been done to her . and there was no fact or circumstance to confirm the information which the child had given, except that the prisoner lodged at the very place which she had described, and that she had received some hurt, and that she, on seeing him the next day, had declared that he was the man ; but she was not sworn or produced as a witness on the trial The prisoner was convicted , but the judgment was respited, on a dombt, created by a marginal note to a case in Dyer's Reports (Dyer, 303, b, in marg.; 1 Hale, 302, 634 ; 2 Hale, 279 ; 11 Mod. 228 ; 1 Atkins, 29 ; Foster, 70 , 2 Hawk 612 ; GiIK L. E. 144); for these notes having been made by Lord Chief-Justice Treby, are considered of great weight and authority , and it was submitted to the Twelve Judges, Whether this evidence was, sufficient in point of law ? The Judges assembled at Serjeants'-Inn Hall 29 April 1779, were unanimously of opinion, That no testimony whatever can be legally received except upon oath ; and...
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