The Criminal Code and the Law of Criminal Evidence in Canada: Being an Annotation of the Criminal Code of Canada, and of the Canada Evidence Act, with Special Reference to the Law of Evidence and the Procedure in Criminal Courts, Including the Practice Before Justices and on Certiorari and Habeas Corpus |
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Page 19
... charges . The acquittal on the first charge became res judicata as between the Crown and the accused , and it was not open to the Crown to proceed on the second charge in which a conviction could only be had by the second jury ...
... charges . The acquittal on the first charge became res judicata as between the Crown and the accused , and it was not open to the Crown to proceed on the second charge in which a conviction could only be had by the second jury ...
Page 28
... charge , or supposed criminal charge , cannot , before being liberated therefrom , be legally and properly taken into custody upon civil process - such as a ca. sa . - the reason assigned being that if such an arrest or taking into ...
... charge , or supposed criminal charge , cannot , before being liberated therefrom , be legally and properly taken into custody upon civil process - such as a ca. sa . - the reason assigned being that if such an arrest or taking into ...
Page 111
... charge that the accused knew such statement to be false and will not be quashed for failure to more specifically charge such knowledge . R. v . Doyle ( 1906 ) , 12 Can . Cr . Cas . 69 . Where the statutory form of indictment is not ...
... charge that the accused knew such statement to be false and will not be quashed for failure to more specifically charge such knowledge . R. v . Doyle ( 1906 ) , 12 Can . Cr . Cas . 69 . Where the statutory form of indictment is not ...
Page 112
... charge of perjury contained in the information and that contained in the indictment , provided the indictment sets forth the substantial charge contained in the information . R. v . Broad ( 1864 ) , 14 U.C.C.P. 168 ; and see secs . 852 ...
... charge of perjury contained in the information and that contained in the indictment , provided the indictment sets forth the substantial charge contained in the information . R. v . Broad ( 1864 ) , 14 U.C.C.P. 168 ; and see secs . 852 ...
Page 114
... charge of perjury in respect of evidence taken by a magistrate on requiring sureties to keep the peace under sec . 748 ( 2 ) the false state- ment may be proved by oral testimony , although not recorded in the minutes of evidence then ...
... charge of perjury in respect of evidence taken by a magistrate on requiring sureties to keep the peace under sec . 748 ( 2 ) the false state- ment may be proved by oral testimony , although not recorded in the minutes of evidence then ...
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Common terms and phrases
accused admissible alleged amended appeal apply arrest assault authority bail bodily harm Canada Canada Evidence Act Canada Temperance Act cause charge Code sec coin committed common law consent constable counsel counterfeit court Cox C.C. crime Criminal Code Crown custody defendant defraud depositions East P.C. evidence fact fraudulent gaol grand jury grievous bodily harm guilty habeas corpus held hundred Ibid imprisonment indictable offence injury intent issued judge jurisdiction jurors justice King libel magistrate manslaughter ment murder note to sec oath obtained offence and liable Ontario Parliament of Canada party peace officer penalty perjury person plea possession prisoner proceedings proof prosecution prosecutor proved province punishment purpose quashed reasonable received recognizance shew speedy trial statute stealing stolen sufficient summary conviction summary trial summons taken theft therein thereof tion trade mark unlawful unlawfully Vict warrant wilfully witness
Popular passages
Page 136 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 775 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 403 - The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.
Page 415 - 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 251 - Majesty ; or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time ; or shall extend to any person, who, at the time of such second marriage, shall have been divorced from the bond of the first marriage ; or to any person, whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.
Page 688 - ... other stamp issued or prepared for issue by the authority of the Parliament of Canada, or of the legislature of any province of Canada...
Page 151 - ... are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play or bet...
Page 67 - ... executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful".
Page 234 - ... with intent to resist or prevent the lawful apprehension or detainer of any person...
Page 2 - 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.