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according acquitted Act respecting aforesaid alleged allowed amendment answer appear apply apprehended arrest assault attempt authority called Canada cause challenge charged clause committed common law conviction counsel course Court crime criminal Crown custody death defendant direct district enacted England evidence fact false felony force gaol give given ground guilty held imprisonment indictment intent John Jones Jones Judge judgment jurisdiction jurors jury Justice larceny Lord magistrate manner matter mean ment mentioned misdemeanor murder necessary oath objection offence officer party passed Peace person plea pleaded present prisoner Procedure Act proceedings proper prosecution proved Province punishment Quebec Queen question reason record relating rule seems sentence Sessions stand statute stealing subsequent sufficient sworn taken term thereof tion trial tried unless verdict warrant whole witness
Page 227 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 308 - Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement 4.
Page 105 - ... or vice Versa, nor for that any person mentioned in the indictment is designated by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the...
Page 305 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 101 - ... for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 102 - ... nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
Page 251 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 413 - English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.
Page 295 - I, AB, do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare...
Page 307 - If a witness upon cross-examination as to a former statement made by him relative to the subjectmatter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it ; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and lie must be asked whether or not he has made such statement.