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Ashford v Thornton : ウィキペディア英語版 | Ashford v Thornton
''Ashford v Thornton'' (1818) 106 ER 149 is an English law case in the Court of King's Bench that upheld the right of the defendant, on a private appeal from an acquittal for murder, to trial by battle. In 1817, Abraham Thornton was charged with the murder of Mary Ashford. Thornton had met Ashford at a dance, and had walked with her from the event. The next morning, Ashford was found drowned in a pit, with little outward signs of violence. Although public opinion was heavily against Thornton, the jury quickly acquitted him, and also found him not guilty of rape. Mary's brother, William Ashford, launched an appeal, and Thornton was rearrested. Thornton claimed the right to trial by battle, a medieval usage that had never been repealed by Parliament. Ashford argued that the evidence against Thornton was overwhelming, and that he was thus ineligible to wage battle. The court decided that the evidence against Thornton was not overwhelming, and that trial by battle was a permissible option under law; thus Thornton was granted trial by battle. Ashford declined the offer of battle and Thornton was freed from custody. Appeals such as Ashford's were abolished by statute in 1819, and with them the right to trial by battle. Thornton emigrated to the United States, where he died around 1860. == Background ==
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Ashford v Thornton」の詳細全文を読む
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