Crown Cases Reserved for Consideration, And Decided By the Judges of England, With a Selection of Cases And Notes of Cases Relating to Indictable Offences, Argued And Determined in the Court of Queen's Bench And the Courts of Error

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William Berry,-ante, p. 95.
CROWN CASES RESERVED. I53 sary to constitute a felonious taking in cases of this 1859.
nature I directed a verdict of guilty to be entered, avebt's that the opinion of the Court for the consideration of Case.
Crown Cases Reserved might be taken upon the ques- tion whether, upon these facts, the indictment was supported. The prisoners were sentenced to six calendar months imprisonment with hard labour, and remain in prison. I respectfully request the opinion of the Ju
...stices of either Bench and Barons of the Exchequer upon this case.
John Deedes, Recorder of the liberty of Romney Marsh.
This case was considered, on 30th April, 1859, by CocKBUEN C. J., Eele J., Ceompton J., Bramwell B.
and Watson B.
No counsel appeared.
CocKBUEN C. J — The conviction in this case cannot be sustained. No adultery is shewn to have taken place between either of the prisoners and the prose- cutor's wife, nor is it found that any was intended.
The goods were taken in the presence, with the privity and consent of the wife, when she was abandoning her husband's dwelling.


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