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Regina v. Pembliton

12 Cox Cas. 607 (1874)

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Regina v. Pembliton

Court for Crown Cases Reserved

12 Cox Cas. 607 (1874)

Facts

Henry Pembliton was drinking at a pub with a group of people. When the pub tossed the whole group out for being disorderly, a fight broke out in the street. Pembliton threw a rock intending to hit someone he had been fighting with, but instead the rock hit and broke a plate-glass window. The jury found Pembliton meant to hit a person, not the window, but nonetheless found him guilty of unlawful and malicious property damage. The recorder postponed sentencing and appealed, asking whether the jury had properly convicted Pembliton.

Rule of Law

Issue

Holding and Reasoning (Coleridge, C.J.)

Concurrence (Lush, J.)

Concurrence (Blackburn, J.)

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