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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Advocate v Wilkinsons [1835] (Justiciary Case) CA 13_1179b (22 June 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SJ1179b.html Cite as: [1835] (Justiciary Case) CA 13_1179b |
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Page: 1179↓
Subject_Indictment—Murder.—
In an Indictment for murder, held, that the public prosecutor was entitled, in addition to the modus operandi specially set forth, to take an alternative as to the pannel having put the deceased to death “by some other means to the prosecutor unknown.”
Robert Reid was brought to trial for murder, on an Indictment, the minor proposition of which was expressed as follows:—“In so far as, upon the 19th,” &c., “you, the said Robert Reid, did, within, or near to the house,” &c., “then occupied by you, wickedly and feloniously put to death and murder Elizabeth Arnot or Reid, your wife, by violently striking her one or more severe blows with an axe, or some other instrument to the prosecutor unknown, upon or near to her neck, so that, in consequence thereof, she was mortally injured in her person, and immediately, or soon thereafter, died, or by some other means to the prosecutor unknown.”