Abortion-Separate counts for using an instrument and for "oper-
ating" with intent-Acquittal on first and conviction on second
count-No evidence apart from charge included in first count-
Contradictory verdict-Conviction on second count set aside-Cr.
Code (1906) sec. 303.
Evidence of similar criminal acts-When admissible-Proving act
charged as part of systematic illegal conduct-Isolated prior offence
insufficient-Abortion-Surgeon's operation-Plea of necessary
treatment-Prejudice by wrongful admission of evidence-New
trial ordered-Cr. Code (1906) secs. 303, 1018.
Evidence-Corroboration-Accomplice-Instruction to jury-Disre-
gard of instruction-Verdict legal-Cr. Code (1906) secs. 303, 959.
THE KING v. REYNOLDS 209
Usury-Manager or clerk in money-lender's office-Money Lenders'
Act, R.S.C. ch. 122-Conviction of clerk with whom illegal trans-
action made-Cr. Code (1906) sec. 69.
Usury-Manager or clerk in money-lender's office-Money Lenders'
Act, R.S.C. ch. 122-Conviction of clerk with whom illegal trans-
action made-Cr. Code (1906) sec. 69.
Preliminary enquiry-Accused demanding committal for trial-
Discretion of magistrate to adjourn for decision.
Discretion of justices-Cr. Code secs. 679, 772-Note.
Summary proceedings-Power of adjournment by the justice receiv-
ing the information-Necessary act "preliminary to the hearing❞—
Waiver of irregular adjournment made by a third justice without
authority-Selling liquor without a license-Liquor License Act,
R.S.O. 1897, ch. 254-Cr. Code (1906) secs. 708, 722.
Preliminary enquiry-Disagreement of justices--Calling in other
justices-Disagreement without further prosecution not a dismissal.
DURRAND V. FORRESTER 125
Summary conviction-Hearing-Adjournment for judgment-De-
livery by one of two justices in the other's absence-Summary
conviction signed by both justices pending adjournment-Taking
concurrent proceedings in appeal and in certiorari-Certiorari
barred on proceeding with appeal-Cr. Code (1906) secs. 707, 708,
1122.
EX PARTE MCCORQUINDALE 187
See CONFESSION; EVIDENCE.
Plea of guilty entered under misapprehension-Allowing amend-
ment of plea.
Of return to habeas corpus.
Appeal by stated case-Saskatchewan rules of Court-Delivery of
case within four days-Default, of justices not to bar appeal-
Delivery required in sealed and addressed envelope-Presumption
of regularity Recognizance of appellant alone Stated case where
conviction bad on face.
Stated case by justices--Cr. Code secs. 761, 769-Note.
Evidence of similar criminal acts-Prejudice by wrongful admission
of evidence-New trial ordered-Or. Code. (1906) secs. 303. 1018.
THE KING V. POLLARD 74
Murder-Negativing intent-Reducing charge to manslaughter-In-
toxication of accused-Evidence of his incapacity to understand
the quality of his act Question for jury-Omission to direct jury
on law applicable to issue raised on evidence-Failure of prisoner's
counsel to ask direction-New trial-Consent dispensing with
stated case-Cr. Code (1906) secs. 19, 252, 259, 1014, 1015, 1016.
THE KING V. BLYTHE 224
Proof of judicial proceeding-Original information as basis of
magistrate's jurisdiction-Extrinsic evidence insufficient without
proof of loss-Objection not taken till close of prosecutor's case-
Cr. Code secs. 170, 171, 654.
Reserved case— -Postponement of sentence-New Court of Appeal—
Appointment of Judges delayed until after date of statutory session
-Court not constituted-Remand of prisoner-Habeas corpus-
Cr. Code (1906) secs. 1013, 1014.
THE KING V. PRASILOSKI 299
Summary trial-Conviction under repealed statute-Reserving case
after conviction on learning of repeal-Railway Act (Can.), sec.
415-Cr. Code sec. 1014.
Summary conviction-Appeal to District Court-Unauthorized re-
ference by District Court to a superior Court on question of law—
Cr. Code (1906) secs. 749, 752.
THE KING V. MISCHOWSKY 364
Proceedings instituted in adjoining province-Endorsement of
warrant-Habeas corpus at place of arrest-Enquiry into facts to
ascertain if prosecution a frivolous one-Abuse of process-Send-
ing false telegram with intent to defraud-Monetary damage—
Offence partly in two provinces-Cr. Code (1906) secs. 475, 564, 662.
THE KING V. GALLOWAY 317
Common assault-Information by assaulted party-Payment of fine
-Summary conviction-Civil action for damages-Bar-C.S.C.
(1859) ch. 91, sec. 44-32-33 Vict. (Que.), (1869), ch. 20, sec. 43-
Cr. Code (1906) secs. 13, 732, 734.
Assault with intent-Preliminary enquiry before a justice-In-
formation by peace officer-Amendment of information to charge
common assault-No power to proceed to summary conviction—
Civil action by person assaulted-Appearance as witness only-
Payment of fine by accused-Irregularity of summary proceedings
-Civil action not barred-Cr. Code (1906) secs. 274, 291, 296,
732, 734.
Incest-Attempt indictable-Child of tender years-Evidence not
under oath-Corroboration by "some other material evidence❞—
Complaint of girl after offence involving indecent assault—
Answers to questions-Canada Evidence Act, R.S.C. ch. 145, sec. 16
-Cr. Code secs. 204, 570.
Furious driving-Evidence of wantonness.
Furious driving on highway-Cr. Code 285 and 285A-Note.
Unlawful taking without owner's consent.
Personal injury occasioned by motor vehicle-Failure to stop and
assist-Code Amendment of 1910.
Second offence-Time of, as regards prosecution for prior offence
-Necessity of prior conviction-Prior information only not suffi-
cient, although followed by conviction-Common law rule.
Time limit for prosecution-Summary conviction-Period for laying
information-Offence stated as between two dates-Day included
prior to time limit-Canada Temperance Act, R.S.C. (1906) ch. 152,
sec. 134-Cr. Code (1906) sec. 1142.
Summary conviction-Time limit for laying information-Canada
Temperance Act, sec. 134-Cr. Code sec. 1142-Note.
Canada Temperance Act-Continued.
Intoxicating liquors-Statutory definition-Malt liquors included-
Proof of intoxicating quality unnecessary-Mens rea-Defendant's
belief that beverage was non-alcoholic-Alleged temperance beer-
Canada Temperance Act, R.S.C. 1906, ch. 152-Cr. Code secs. 2(17),
150.
Disqualification of magistrate-Bias-Informant a constable ap-
pointed by Board of Police Commissioners-Magistrate a member
of Board Statutory duty-Search warrant-Keeping liquor for
sale-Irregularity in information for search warrant-Execution of
search warrant outside of city where alleged keeping for sale is
charged-Canada Temperance Act, R.S.C. (1906) ch. 152.
Search warrant for liquor-Charge of keeping for sale-Informant
executing warrant as chief of police-Conviction based on evidence
obtained upon the search-Validity-Canada Temperance Act,
R.S.C. ch. 152, sec. 136.
Keeping liquor for sale-Search warrant-Disqualification of pro-
secutor to execute warrant-Note.
Prohibition under the Canada Temperance Act where proclaimed—
Exemption of sales for medicinal purposes-Prescription by physi-
cian-Repeat order by original prescription-Invalidity-Conviction
of druggist making second sale-Canada Temperance Act, R.S.C.
ch. 152, sec. 125.
Jurisdiction of magistrate-Finding that liquor intoxicating-Evi-
dence to support conviction opposed to preponderance of testimony
-Chemical analysis shewing small percentage of spirits-Canada
Temperance Act, R.S.C. 1906, ch. 152.
Search warrant-Replevin-Goods in custodia legis.
Attempt to carnally know child under fourteen-Evidence of child
not under oath-Corroboration-Child's complaint to her mother
on day of offence-Cr. Code (1906) secs. 302, 1003.
And see DISORDERLY HOUSE; INCEST; PROSTITUTION; RAPE.
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