The Criminal Law Consolidation and Amendment Acts of 1869, 32-33 Vict., for the Dominion of Canada, Volume 2Lovell, 1875 - Criminal law |
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Page 2
... ment " as well as indictment , and also any plea , replication or other pleading , and any record ; and the term " finding of the indictment " shall include also " the taking of an inquisition , " " the exhibiting an information " and ...
... ment " as well as indictment , and also any plea , replication or other pleading , and any record ; and the term " finding of the indictment " shall include also " the taking of an inquisition , " " the exhibiting an information " and ...
Page 3
... ment therefor , it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act ; and whenever it is provided that the offender shall be liable to ...
... ment therefor , it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act ; and whenever it is provided that the offender shall be liable to ...
Page 52
... ment , that the trial shall be proceeded with in some other district , county or place within the same Province , to be named by the Court or Judge in such order ; but such order shall be made upon such conditions as to the payment of ...
... ment , that the trial shall be proceeded with in some other district , county or place within the same Province , to be named by the Court or Judge in such order ; but such order shall be made upon such conditions as to the payment of ...
Page 55
... ment for felony , removed thither by certiorari , for the purpose of awarding the jury process into a foreign county ; but this power will not be exercised unless it is absolutely necessary for the purpose of securing an impartial trial ...
... ment for felony , removed thither by certiorari , for the purpose of awarding the jury process into a foreign county ; but this power will not be exercised unless it is absolutely necessary for the purpose of securing an impartial trial ...
Page 59
... , as to the jurisdiction he had to grant the order required , there seemed at first to be more doubt . But the question was set at rest , by the judg- ment afterwards given in the case by MM . Justices PROCEDURE IN CRIMINAL CASES . 59.
... , as to the jurisdiction he had to grant the order required , there seemed at first to be more doubt . But the question was set at rest , by the judg- ment afterwards given in the case by MM . Justices PROCEDURE IN CRIMINAL CASES . 59.
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Common terms and phrases
acquitted Act respecting aforesaid alleged allowed amendment answer appear apply arrest assault attempt authority called Canada cause challenge Chapter charged clause committed common law confinement conviction counsel course Court crime criminal Crown custody death defect defendant direct district effect enactment error escape evidence fact false felony force gaol give given ground guilty held imprisonment indictment intent Judge judgment jurisdiction jurors jury Justice larceny Lord magistrate manner matter means ment mentioned misdemeanor murder necessary oath objection offence officer otherwise party passed Peace person plea plead present prisoner Procedure Act proceedings proper prosecution prosecutor proved Province punishment Quebec Queen's question reason record relating repealed rule Section seems sentence Sessions statute stealing subsequent sufficient sworn taken term therein thereof tion trial tried verdict whole witness
Popular passages
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.