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The King v Spraggs

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1779
Date01 January 1779
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 115

COURTS OF WESTMINSTER-HALL

The King
and
Spraggs

[209] the king v. spraggs. When conviction is removed by certiorari, no motion can be in arrest of judgment, unless the defendant be personally present. S. C. 2 Burr. 930. The defendant was convicted on an indictment for a conspiracy. Serjeant Davy moved in arrest of judgment, Mr. Gould objected to the regularity of this motion, the defendant not being in Court, on the authority of :2 Stra. 1227. Serjeant Davy endeavoured to make a distinction between persons convicted of felony and other misdemesnors; and, if the clerk in Court would undertake for the defendant's appearance in the case of miademesnors, he argued that it was equally beneficial to the public. But the constant practice being, that the defendant should be personally present, whenever he moves to arrest a judgment on a conviction removed by certiorari, because otherwise it may be an expence to the prosecutor afterwards to bring him up by habeas corpus; the Court refused to hear the motion, and directed the Serjeant now to move for a...

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