A Treatise on Criminal Law as Applicable to the Dominion of CanadaR. Carswell, 1872 - 717 pages |
From inside the book
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Page 49
Samuel Robinson Clarke. jury by deciding as to the credibility of witnesses . ( a ) In Burley's case , the accused , on his examination before the magistrate , admitted the acts charged , which prima facie amounted to robbery , and ...
Samuel Robinson Clarke. jury by deciding as to the credibility of witnesses . ( a ) In Burley's case , the accused , on his examination before the magistrate , admitted the acts charged , which prima facie amounted to robbery , and ...
Page 51
... witness of the facts to which he deposes , or that they are stated on information and belief ; at least , the offender may be lawfully brought before a Justice , and detained a reasonable time , until the proper evidence can be produced ...
... witness of the facts to which he deposes , or that they are stated on information and belief ; at least , the offender may be lawfully brought before a Justice , and detained a reasonable time , until the proper evidence can be produced ...
Page 55
... witnesses for the prosecution was conducted in the manner prescribed by the 32 & 33 Vic . , c . 30 , S. 29 et seq . , as to offences committed here . The prisoner was allowed to cross - examine the witnesses , and the de- positions ...
... witnesses for the prosecution was conducted in the manner prescribed by the 32 & 33 Vic . , c . 30 , S. 29 et seq . , as to offences committed here . The prisoner was allowed to cross - examine the witnesses , and the de- positions ...
Page 57
... witnesses , are important , and properly ascertainable by a jury . We have no power to try the case , and thus assume the functions of a jury in the United States . " The difference between this and Young's case would seem to be , that ...
... witnesses , are important , and properly ascertainable by a jury . We have no power to try the case , and thus assume the functions of a jury in the United States . " The difference between this and Young's case would seem to be , that ...
Page 75
... witness , to have been feloniously done , and there were no circumstances inconsistent with such evidence , no- thing that could make the disbelief of it otherwise than purely arbitrary , the judge would not be wrong in non- suiting the ...
... witness , to have been feloniously done , and there were no circumstances inconsistent with such evidence , no- thing that could make the disbelief of it otherwise than purely arbitrary , the judge would not be wrong in non- suiting the ...
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Other editions - View all
Common terms and phrases
acquitted Act of Parliament affidavit alleged Allen Anderson appeared apply Arch arrest assault authority bigamy Canada certiorari champerty charge clerk committed common law conspiracy constable conviction County Court crime criminal Crown Dears defendant defraud Draper duty Edward Mullany embezzlement evidence fact false pretences felony forgery fraudulently grievous bodily harm ground guilty Habeas Corpus Hagarty held highway illegal indictable offence indictment intent Judge jurisdiction jury Justice land larceny liable libel license liquor Magistrate malice manslaughter marriage matter ment misdemeanor murder necessary nuisance oath obtaining offence Ontario owner party Peace penalty perjury person plaintiff Pldg prisoner prisoner's proceedings prosecution prosecutor proved Province provisions punishment purpose Quarter Sessions quashed received road Robinson Russ servant shew shewn Stats Statute stealing sufficient supra tion Treaty trial unlawful unlawfully verdict warrant Wilson witness words
Popular passages
Page 115 - ... employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people...
Page 387 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 167 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Page 229 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 280 - The result of these authorities is that the rule of law on this subject seems to be that if a man finds goods that have been actually lost, or are reasonably supposed by him to have been lost, and appropriates them, with intent to take the entire dominion over them, really believing, when he takes them, that the owner can not be found, it is not larceny.
Page 160 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or In reference to which he had a duty to perform, is privileged, if made to a person having a corresponding interest or duty, although it contain criminatory matter which, without this privilege, would be slanderous and actionable.
Page 317 - ... to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved...
Page 198 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 246 - There Is a marked distinction between an act done for the purpose of protecting the property by preventing a felony or of recovering It back and an act done for the purpose of punishing the offender for that which has already been done.
Page 166 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.