REPORTS OF CASES

IN

CRIMINAL LAW,

ARGUED AND DETERMINED

IN ALL THE COURTS IN ENGLAND AND IRELAND.

EDITED BY

EDWARD W. COX, Esq., OF THE MIDDLE TEMPLE,

Barrister-at-Law.

VOL. V.

1851 TO 1852.

LONDON:

JOHN CROCKFORD, LAW TIMES OFFICE, 29, ESSEX STREET,

STRAND.

LELAND STANFORD JR. UNIVERSITY.

a.55306

JUL 5 1901

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

REPORTERS.

CRIMINAL APPEAL CASES, before all the Judges, by A. BITTLESTON, Esq.; CENTRAL CRIMINAL COURT, by B. C. ROBINSON, Esq.; NORTHERN CIRCUIT, by J. STAMFORD RAFFLES, Esq.;

OXFORD CIRCUIT, by J. E. DAVIS, Esq.;

HOME CIRCUIT, by PAUL PARNELL, Esq.;

NORFOLK CIRCUIT, by JOHN B. DASENT, Esq.;
WESTERN CIRCUIT, by EDWARD W. Cox, Esq.;

MIDLAND CIRCUIT, by ADAM BITTLESTON, Esq.;

SOUTH WALES CIRCUIT, by DANIEL T. EVANS, Esq.;
NORTH WALES CIRCUIT, by ENEAS J. M'INTYRE, ESQ. ;
IRELAND, by P. J. M'KENNA, Esq.;

Barristers-at-Law.

REPORTS

OF

Criminal Law Cases.

WESTERN CIRCUIT.

DEVONSHIRE SPRING ASSIZES, 1850.

(Before Mr. JUSTICE TALFOURd.)

REG. v. BIRD ET UXOR. (a)

Murder-Evidence-Joint assault.

Prisoners were indicted for the murder of their servant girl by, inter alia, a series of beatings.

The evidence proved a series of beatings within the time charged in the indictment, but it was distinctly proved by the surgeon, that these beatings did not produce or even conduce to her death. The cause of death was proved to be by two blows upon the head, but there was no evidence to show how or by whom they were inflicted, or by which of the prisoners, or by both of them.

Held, that in the absence of any such proof, there was no case for the jury of murder by the said blows in the head, and an acquittal was directed.

ROWE

OWE, Q. C., and Karslake, were for the prosecution. Slade and E. W. Cox, for the prisoners.

The prisoners were indicted for the wilful murder of Mary Ann Parsons.

The following is a copy of the indictment:-(b)

DEVONSHIRE, Į The jurors for our Lady the Queen, upon their Indictment.

to wit. Joath present, that Robert Courtice Bird, late of the parish of Buckland Brewer, in the county of Devon, labourer, and Sarah, the wife of the said Robert Courtice Bird, late of the same parish, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 5th day of November, in the year of our Lord 1849, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one Mary Ann Parsons, in the peace of God and our said Lady the Queen then and there being, unlawfully,

(a) Reported by E. W. Cox, Esq., Barrister-at-Law.

(b) I have deemed it best to give the Indictment in full, as repeated reference was made to it in the course of the arguments.