Summary convictions-Intermixing of trials-Three consecutive trials for similar offences-Decisions on questions of guilt at conclusion of evidence in each, but question of punishment reserved-Penalties imposed in all three cases at once-Liquor license offences- Second conviction as for third offence-Time of first and second offences to support same-Statutory inter- rogation as to prior offences charged-Defendant absent but represented by counsel-Liquor License Act, R.S. N.S., c. 100-Cr. Code, sec. 855.
Habeas corpus-Material upon application for writ- Prisoner's affidavit or evidence of his coercion required -Threatening personal injury-Finding sureties to keep the peace-Cr. Code, sec. 959.
Criminal libel-Private prosecution for-Entry of nolle prosequi by Attorney-General-Liability or private prosecutor for costs-Discharge on nolle prosequi a "judgment for defendant"-Cr. Code, secs. 302, 732, 833. 405
Habeas corpus-Warrant of commitment-Conviction -Stating time of offence in general terms-Validating statute Within six months before the information- "Last past," meaning of-Liquor License Act, R.S.N.S. c. 100, sec. 143.
Wilfully damaging an "artificial inland water"-Mean- ing of Provincial Government drain not included— Cr. Code, sec. 499 (C.), sub-sec. (c).
(N.S.) Summary hearing-Information not shewing offence within statutory limit-Evidence at hearing insufficient to prove offence-Prohibition pending magistrate's deliberation on finding-Liquor License Act, R.S.N.S. (1900), c. 100-N.S. Crown Rules 72-Cr. Code, sec. 841.
Unlawful dealing with soldier's necessaries-Pawning war medal-Army Act, 1881 (Imp.)-Conviction for buying, exchanging, taking in pawn, detaining or receiv- ing-Charge of one offence only-Cr. Code, secs. 883, 907.
Speedy trial-Separate charges against accused for dis- tinct offences-Proceeding with trial of one after hear- ing evidence in another and before the latter is con- cluded-Intermixing of trials-Cr. Code, sec. 772. (Also reported, 6 O.L.R. 663.)
Summary hearing before justices - Separate charges against accused for similar offences-Adjournment of trial of first after taking evidence-Hearing second charge before first disposed of-Evidence in first case likely to influence magistrate in the other-Conviction in second case invalid for want of jurisdiction, although first charge dismissed-Cr. Code, sec. 855. (Also reported, 36 N.S.R. 408.)
Leave to appeal-Application to Court of Appeal-Ad- mission of irrelevant testimony-Refusing leave unless substantial wrong occasioned at trial-Theft by agent- Misappropriation of proceeds of sale-Denial of agency and claim of ownership by accused-Evidence of intoxi- cation of accused adduced for the prosecution-Cr. Code, secs. 308, 744, 746.
Assault-Summary trial-Hard labour upon imprison- ment-Sentence actually pronounced, not including hard labour-Variance of formal conviction and war- rant of commitment from the minute of adjudication- Cr. Code, secs. 265, 785, 955(6).
Records of criminal courts-Inspection and copies of proceedings-"Persons affected" by the record-Courts of General Sessions in Ontario-Receiving stolen cattle -Conviction of person from whom received for the theft -Other convictions against same person-R.S.O. 1897, vol. 3, ch. 324, sec. 11-Cr. Code, sec. 314. (Also reported, 8 O.L.R. 111.)
Liquor license-Physicians prescribing and filling pre- scriptions Intoxicating liquor prescribed - Quebec License Law, sec. 105.
Extradition-Receiving stolen merchandise-Conven- tion of 1889 with U.S.A.-"Money, valuable security or other property"-Ejusdem generis rule-Failure to re- pudiate incriminating statements-Conduct as proof of guilty knowledge-Commissioner's rejection of evidence for prosecution not reviewable on habeas corpus-Extra- dition Act, R.S.C. 1886, ch. 142, sec. 10. (Also reported, 8 O.L.R. 143.)
Extradition-Arrest without warrant illegal-Release of prisoner before subsequent arrest under warrant- Habeas copus-Control of custody after issue of writ- Re-arrest pending the motion for discharge-Extradi- tion Act, R.S.C. 1886, ch. 142.
COLE v. COOKE. Military law-Limited application of The Army Act and the King's Regulations to Canadian Volunteer Corps- Refusal of commanding officer to call "voluntary par- ade" of regiment-Arrest by direction of senior officer -Court martial - Illegality - Damages - Absence of malice Militia Act (Can.), sec. 82-Militia Regulations and Orders, Art. 219.
Summary trial-Conviction for lesser offence included in that charge-Assault occasioning bodily harm-Common assault "Count," meaning of Cr. Code, secs. 3 (1), 262, 265, 713.
(Also reported, 36 N.S.R. 510.)
Perjury committed in civil action-Admissibility for defence of defendant's other depositions taken in civil action-Form of indictment-Surplusage-Refusal of admissible evidence a "substantial wrong"-Cr. Code, secs. 146, 611, 616, 746.
(Also reported, 10 B.C.R. 285.)
Extortion. Causing service of summons for offence punishable on summary conviction-Intent of person serving, but not of complainant to extort-"Document containing accusation"-Evidence-Letter written by person served to facilitate payment of money extorted- Cruelty to animals-Wantonly cruelly or unnecessarily beating or abusing-Describing the offence-Cr. Code, secs. 406, 512, 611.
Summary trial-Jurisdiction-Habeas corpus-Defect apparent upon warrant of commitment-Certiorari- Ordering costs against prosecutor on discharging ac- cused-Cr. Code, secs. 782, 783.
(Also reported, 25 Que. S.C. 33.)
Summary conviction-Taking the depositions in writ- ing-Certiorari-Waiver of right of appeal-Cr. Code, secs. 590, 856. 857, 881.
Extradition-Telegram from foreign police office asking arrest-Arrest without Canadian warrant invalid- Discharge on habeas corpus-Canadian Extradition Act, R.S.C. 1886, ch. 142, sec. 6.
Extradition-Information, form of-Proof that accused is in Canada or is suspected of being in CanadaSworn information on information and belief onlyGrounds of belief-Warrant of arrest in extradition— Execution by constable informant-Illegal arrest'R.S.C. 1886, ch. 142, secs. 2(d), 6.
DOWNIE v. VANCOUVER ENGINEERING WORKS (B.C.)
Alien labor laws-Encouraging importation of foreign- ers under contract of employment-Advertising for workmen "Promise of employment," meaning of- Alien Labor Acts, 60-61 Vict. (Can.), ch. 11 and 1 Edw. VII. (Can.), ch. 13.
(Also reported, 10 B.C.R. 367.)
Assault causing bodily harm-Conviction for common assault after preliminary enquiry-Certiorari-Cr. Code, secs. 262, 265, 591.
Physicians and surgeons-Ontario Medical Act-Un- registered person using title or description implying legal qualification to practise-Penalty-Evidence- Door plate with word "Doctor"-R.S.O. 1897, ch. 176, sec. 51.
« ÀÌÀü°è¼Ó » |