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Lords Mackenzie and Medwyn certified to the High Court, ‘to consider whether any and what sentence should follow,’ on a verdict pronounced against Archibald Robertson, tried at Glasgow, 6th January 1836, for rape; the verdict being, ‘The Jury unanimously find that the pannel had carnal connection, as libelled, with Christian Wright, forcibly, and against her will, by penetration of her private parts; but find that it is not proved that actual emission followed penetration; and in respect of the pannel's former insanity and imbecility of mind, recommend him to mercy.’
The Court accordingly found, that the verdict returned against the pannel establishes the crime of rape as libelled against him.
Mr Solicitor-General stated, that, under the circumstances of the case, he thought himself justified in restricting the libel.
In respect of the above judgment of the Court, and the restriction entered on the record, the pannel was sentenced to transportation beyond seas for life.
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