The Queen against Cotesworth
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 928
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
928 TRINITY TERM, 3 QUEEN ANNE. IN B. R. 6 MOD. 172. [172] case 248. the queen against gotesworth. Spitting in the face is a battery.-S. C. post, 180. S. C. 3 Salk. 191. Ante, 149. 2 Keb. 545. 1 Mod. 3. Trem. 270. Carbh. 280, 491. 1 Bac. Abr. 154. The indictment was for a battery upon Doctor R. The evidence was, that the defendant spit in his face. Holt, Chief Justice. It is a battery. Holt, Chief Justice. Though one cannot justify a battery by son assault demesne, by pleading it to an indictment, yet he may give it in evidence upon a not guilty, and he may be thereupon acquitted.
English Reports Citation: 87 E.R. 935
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 262. the queen against cotesworth. The caption of an indictment is good, although not said "for the body of the county." -S. C. ante, 172. S. C. 3 Salk. 191. Montague took exception to the caption of an indictment, that it was presented "per jurator' elect' triat' jurat' et oneraf ad imjidrend' pro domind Regind et corpore corn'," instead of pro corpore com'. for the appearance of persons arrested by him under process issuing upon an indict" ment at the Quarter-Sessions for a misdemeanor; he can only take a recognizance for their appearance. Bengough v. Rossiter, 4 Term Rep. 505, for whatever power the sheriff might have had in this respect under the statute 23 Hen. 6, c. 9, it was taken away by the 1 Edw. 4, c. 2. 2 Hawk. P. C. c. 15, s. 27. (J) Kale's Sum. 105. 1 Com. Dig. " Bail" (F. 4). (e) 2 Hawk. P. C. ch. 13, s. 11. (d) 2 Halo's P. C. 108.-See also 4 Bl. Com...
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