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Elizabeth Walker v Chatto. [1738] Mor 14064 (28 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3214064-050.html Cite as:
[1738] Mor 14064
Where a Bailie had fined for a riot, the Commissary's sentence fining of new for opprobrious expressions sustained.
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Where a person had been guilty of a riot, and of giving opprobrious language, at one and the same time, in one continued act, which commonly happens, and had been convened before the Bailies of Kelso for the riot, which the libel bore to be aggravated by the opprobrious language, and fined for the offence; it was notwithstanding found, that he might thereafter be pursued before the Commissary for the opprobrious language, as a distinct crime from the riot, and the Commissary's decreet imposing a second fine, sustained by a narrow majority of seven to six.
Fol. Dic. v. 4. p. 235. Kilkerran, (Res Judicata.) No 1. p. 495.
