40273-82 € 3

CANADIAN CRIMINAL CASES

ANNOTATED

A SERIES OF REPORTS OF IMPORTANT DECISIONS IN
CRIMINAL AND QUASI-CRIMINAL CASES IN CAN-
ADA UNDER THE LAWS OF THE DOMINION AND
OF THE PROVINCES THEREOF, WITH SPE-
CIAL REFERENCE TO DECISIONS UNDER
THE CRIMINAL CODE OF CANADA,
1906, IN ALL THE PROVINCES;
WITH ANNOTATIONS, A
TABLE OF CASES CITED
AND A DIGEST OF
THE PRINCIPAL

MATTERS

EDITED BY

W. J. TREMEEAR,

OF THE TORONTO BAR

VOL. XVII.

TORONTO:
CANADA LAW BOOK COMPANY, LTD.

Copyright (Canada) 1911, by The Canada Law Book Company, Ltd.

CASES REPORTED, VOL. XVII.

BARBER, R. v.

CONT.) Illegal sale of unsmelted ore-Sale to smelter-Payment only for silver found—Sale without any mine owner's authority-Criminal offence-Cr. Code (1906)

236

sec. 424.

BARTHOS, R. v.

(QUE.) Vagrancy-Wilful refusal of parent to maintain his family—Meaning of word “family”-Illegitimate infant child included-Non-residence with father-Cr. Code (1906) secs. 238, 239.

459

BENNETT, R. v.

(ONT.) Murder-Evidence-Letter recently in possession of accused found beside the dead body-Defendant's explanation in his evidence for defence-Question for juryLeave to appeal refused—Cr. Code secs. 263, 1015. 322

BERRIGAN, R. v.

(N.S.) Fisheries-Lobster canning without license-Imprisonment on default of paying fine-Distress warrant not essential—Excessive fees for conveying to gaol—Fisheries Act, R.S.C. 1906, ch. 45, sec. 94—Cr. Code (1906) sec. 739.

329

BRAITHWAITE, Re.

(N.B.) Jurisdiction-Review of a summary conviction made under provincial law-Application to “a Judge of the Supreme or County Court" for a review-Jurisdiction of County Court Judge not limited to cases arising in his country-Game laws—Mens rea—Game Act, C.S. N.B. 1903, ch. 33, sec. 3–Summary Convictions Act, C.S.N.B. 1903, ch. 123, sec. 44.

309