The Criminal Law Consolidation and Amendment Acts of 1869, 32-33 Vict., for the Dominion of Canada, Volume 2Lovell, 1875 - Criminal law |
From inside the book
Results 1-5 of 86
Page 58
... verdict of manslaughter against the defendant , a resident of Montreal . The coroner issued his warrant , upon which the defendant was arrested ; he gave bail , and then , in Montreal , before Mr. Justice Badgley , a Judge of the Court ...
... verdict of manslaughter against the defendant , a resident of Montreal . The coroner issued his warrant , upon which the defendant was arrested ; he gave bail , and then , in Montreal , before Mr. Justice Badgley , a Judge of the Court ...
Page 86
... verdict , upon motion in arrest of judgment : 1 Starkie , Cr . Pl . 43. But now , see sec . 32 of the Procedure Act of 1869 , post . So in Reg . vs. Ferguson , 1 Dears . 427 , where the prisoner having been indicted for a felony and a ...
... verdict , upon motion in arrest of judgment : 1 Starkie , Cr . Pl . 43. But now , see sec . 32 of the Procedure Act of 1869 , post . So in Reg . vs. Ferguson , 1 Dears . 427 , where the prisoner having been indicted for a felony and a ...
Page 88
... verdict might be taken on the last count for felony , which was done accordingly ; and this was held right by all the Judges : Reg . vs. Jones , 2 Mood . 94 . So that here in Canada , now , it would seem that there can be , in principle ...
... verdict might be taken on the last count for felony , which was done accordingly ; and this was held right by all the Judges : Reg . vs. Jones , 2 Mood . 94 . So that here in Canada , now , it would seem that there can be , in principle ...
Page 89
... verdict is taken distinctly on one of the counts . If a verdict is given of guilty generally , without specifying on which of the counts , the con- viction will be held bad on motion in arrest of judg- ment , or in error ...
... verdict is taken distinctly on one of the counts . If a verdict is given of guilty generally , without specifying on which of the counts , the con- viction will be held bad on motion in arrest of judg- ment , or in error ...
Page 90
... verdict and judgment , in such case , be against the defendant for ' the felony aforesaid , ' it will be bad unless the verdict and judgment be warranted by each count of the indictment : " Campbell vs. R. , 11 Q. B. 799 , 814 ; see 1 ...
... verdict and judgment , in such case , be against the defendant for ' the felony aforesaid , ' it will be bad unless the verdict and judgment be warranted by each count of the indictment : " Campbell vs. R. , 11 Q. B. 799 , 814 ; see 1 ...
Other editions - View all
Common terms and phrases
acquitted Act respecting aforesaid alleged allowed amendment appears apprehended Archbold arraigned assault attempt to commit autrefois autrefois acquit averment benefit of clergy Canada cause Chitty clause common law constable corruption of blood counsel County or District county or place Court of Queen's crime Crown custody death defect defendant dictment enacted evidence fact false pretences felony or misdemeanor gaol given Greaves grievous bodily harm guilty held Imperial Statutes imprisonment indictable offence Judge jurisdiction jurors Justice Lady the Queen Larceny Act magistrate malice malice aforethought Manitoba manslaughter ment misde Montreal murder Nova Scotia oath offence charged panel party peremptory challenges perjury plea plead previous conviction prisoner Procedure Act prosecution prosecutor proved punishment Quarter Sessions quashed Queen's Bench reason sentence Sheriff stealing stolen subsequent offence summary conviction sworn taken thereof tion trial tried venue verdict Vict warrant witness words
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.