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BIGELOW, R. v.

(N.S.)

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.

BLACK, R. v.

(ONT.)

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.

132

465

BLACKLEY, R. v.

(QUE.)

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

BOUTILIER, R. v.

(N.S.)

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.

82

BRAUN, R. v.

(MAN.)

Wilfully damaging an "artificial inland water"-Mean-
ing of Provincial Government drain not included—
Cr. Code, sec. 499 (C.), sub-sec. (c).

397

BREEN, R. v.

(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.

BRINE, R. v.

(N.S.)

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.

BULLOCK, R. v.

(ONT.)

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.)

BURKE, R. v., (No. 2).

(N.S.)

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.)

CALLAGHAN, R. v.

(ONT.)

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.

146

54

8

14

143

CARMICHAEL, EX PARTE.

(N.S.)

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).

CHANTLER, RE.

(ONT.)

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.)

CHICOYNE, R. v.

(QUE.)

Liquor license-Physicians prescribing and filling pre-
scriptions Intoxicating liquor prescribed - Quebec
License Law, sec. 105.

COHEN, RE.

(ONT.)

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.)

COHEN, EX PARTE.

(QUE.)

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.

19

245

507

251

312

(QUE.)

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.

COOLEN, FRANK, R. v.

(N.S.)

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.)

COOTE, R. v.

(B.C.)

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.)

CORNELL, R. v.

(N.W.T.)

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.

COTÉ, R. v.

(QUE.)

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.)

300

157

199

416

393

DENAULT v. ROBIDA.

(QUE.)

Summary conviction-Taking the depositions in writ-
ing-Certiorari-Waiver of right of appeal-Cr. Code,
secs. 590, 856. 857, 881.

DICKEY, RE (No. 1.).

(N.S.)

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.

DICKEY, RE, (No. 2).

' ́(N.S.)

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.)

DUFFY, EX PARTE.

(N.B.)

Assault causing bodily harm-Conviction for common
assault after preliminary enquiry-Certiorari-Cr.
Code, secs. 262, 265, 591.

FOSTER, R. v.

501

318

321

66

277

(ONT.)

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.

281

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