The King v John Coogan
| 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. 326
THE COURT OF KING'S BENCH
S. C. 2 East, P. C. 853, 948, 1001. Referred to, R. v. Ritson, 1869, 39 L. J. M. C. 10; R. v. Riley, [1896] 1 Q B 309; R v. Cade, [1914] 2 K. B. 209
case CCIX. the king t. john coogan. (Continued.) (A person may be indicted for forging a last will and testament, although the supposed testator is alive.) [S. C. 2 East, P. C. 853, 948, 1001. Referred to, R. v. Ritson, 1869, 39 L. J. M C. 10; R. v. Rtley, [1896] 1 Q B 309 ; R v. Cade, [1914] 2 K. B. 209 ] During the course of the trial, James Gibson, the supposed testator of the forged Will, was produced and sworn as a witness on the part of the Crown. Upon this circumstance a doubt arose, whether the prisoner had been legally convicted , the indictment charging kim with having uttered or published as tfue a certain false Will (a) The reason of this indictment being on 2 Geo. II. c. 25, instead of 21 Geo. II. c. 10, s. 24, is, that Gibson was not a seaman on board a King's ship, but on board a letter of marque in the merchants1 service.-And see 41 Geo. III. c. 39, by which the statutes 2 Geo. II. c. 25, 7 Geo. II. c, 22, and 15 Geo. II c. 13, are altered and extended 1 LEACH 460, THE KING V. JOHN CQOGAN 327 and Testament of one James Gibson, &c.; and there being no such instrument, in contemplation of law, as the Will and Testament of a, man who is living (for until the death of a testator his Will caanot exist in contemplation of law), it eannot be a case within the statute 2 Geo. II. c. 25, for there eannot be a forgery of a thing which neither does or can exist at the time the forgery is alleged to have been committed Upon thds doubt the judgment was respited, and the case referred to the consideration of the Judges. [450] In June Session 1787, the prisoner was put to the bar, when Mr. Justice Wilson delivered the opinion of the Judges (1) to the following effect.-Upon the trial of this indictment it appeared that James Gibson, whose Will was charged to be forged, was alive, and appeared as a witness ; and I entertained some doubt, whether, under these circumstances, an instrument bearing the similitude of a last Will could be considered within the meaning of the statute upon which the indictment is founded. The case was laid before the Twelve Judges, and on mature deliberation they have decided, that the doubt was without foundation. The fact of the prisoner's having uttered this Will, knowing it was forged, was...
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