Middlesex Sessions:
General Orders of the Court
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24th February 1763 - 13th January 1774

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Image 53 of 26718th October 1764


1764.
Octor. 18th .

now are very different Opinions however I think the wife in a Case
Circumstanced like the Present where there is no Witness but herself
ought to be admitted to prove the Assault upon her by her Husband.

Fen. Norton< no role >
13th. Octr. 1764

By Adjournment same day

Case
about two Indict:
ments if one Suffi
cient

At the last General Session of the Peace for the County of Middx
Person was tried on two Indictments the one for making an Assault & Battery
upon (A) and the other upon (B) two Children of the Prosecutor which the
Defts Council Alledged was a very Oppressive method of proceeding for that
one Indictment would have served for both Assaults tho' committed at
Different times as in Fact they were

Your Opinion is desired whether one Indictment might well suffice
for both Offences; or if not absolutely necessary to have seperate Bills as
above (particularly in Case one Assault should be well proved and the
other not) according to the Determination in the Case of the King and
Clendon in Strange 870

The Assaults upon A. & B. being two seperate & distinct Offences
committed at different times upon seperate Persons could not with
any propriety be Joined in one Indictmt. and Therefore think it
was necessary to prefer two Bills of Indictment

Fel. Norton< no role >
13th. Octr. 1764




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