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MACDOUGALL, R. v.

(N.B.)

Criminal libel-Form of indictment-Charge that matter defamatory and libellous with particulars of words and publication-Omission to charge that likely to injure reputation or designed to insult-Statutory form of count-Indictment for publishing obscene matterCircumstances attending publication considered in determining obscenity-Paper published under assumed name and denied mailing privileges-Proving publication "knowingly" by proprietor of paper-Onus of proof-Inferences and presumptions from fact of control-Cr. Code secs. 207 (amendment of 1909), 317, 334, 852, 1152-Code form 64.

MCKEEN v. COLPITTS.

(N.B.)

Search warrant-Justification for detention of property
if valid on its face-Invalidity of information not a
ground of replevin until warrant quashed-Goods in
custodia legis-Claim by party other than accused-
Canada Temperance Act, R.S.C. 1906, ch. 152, sec. 117
(amendment of 1908).

MARTIN AND GARLOW, Re.

Certiorari-Recognizance-None required from prose-
cutor applying for writ-Private prosecutor—Dismis-
sal of prosecution with costs-Limitation of time for
application-Ontario Crown Rule 1285-Cr. Code sec.

1126.

466

488

446

MECEKLETTE, R. v.

(ONT.)

Summary conviction of foreigner-Interpreting at trial
-Claim that evidence and proceedings not understood
-Habeas corpus-Cr. Code (1906) secs. 715, 1027. 17

MILLER, R. v. (No. 1).

(ONT.)

Summary proceedings-Power of adjournment by the justice receiving 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. 245-Cr. Code (1906) secs. 708, 722.

MILLER, R. v. (No. 2).

(ONT.)

Habeas corpus-Prior refusal of discharge on same state of facts-Res judicata-Right of appeal in Ontario from remand-Second application de novo not permitted on same material-Jurisdiction of Divisional CourtProvincial quasi-criminal offence-Legislative control of habeas corpus respecting same—British North America Act, sec. 92(15)-Cr. Code (1906) sec. 1027.

MISCHOWSKY, R. v.

(SASK.)

Summary conviction-Appeal to District Court-Unauthorized reference by District Court to a superior Court on question of law-Cr. Code (1906) secs. 749,

752.

MORRISON, R. v.

(ONT.)

Interdiction-Sale of liquor by license-holder to person
interdicted by inspector's notice-Summary conviction
-Proof of excessive drinking by interdict-Appeal-
License Act, R.S.O. 1897, ch. 245, sec. 125.

NELSON, R. v.

(ONT.)

Habeas corpus-Defective warrant of commitment-No
statement of conviction-Certiorari on Attorney-Gen-
eral's application-Adjournment of motion to discharge
-Liquor License Act, R.S.O. 1897, ch. 245-Cr. Code
(1906) secs. 1121, 1124, 1130.

87

156

364

215

10

NUGENT, EX PARTE.

(N.B.)

Liquor law-Prohibition under the Canada Temperance
Act where proclaimed-Exemption of sales for medi-
cinal purposes-Prescription by physician-Repeat or-
der by original prescription-Invalidity-Conviction of
druggist making second sale-Canada Temperance Act,
R.S.C., ch. 152, sec. 125.

O'GORMAN, R. v.

(ONT.)

Conspiracy-Overt acts charged as committed in separ-
ate counties-Taking accused persons out of county of
residence under process-Failure to prove any overt act
committed in county of trial-Evidence at preliminary
enquiry to warrant committal not substantiated at trial
-No jurisdiction to convict for offence proved in county
of arrest-Jurisdiction not aided by presence of accused
in custody-Proving locality of crime-Election of
speedy trial-Cr. Code (1906) secs. 577, 653, 690, 825.

PAILLEUR, R. v.

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(ONT.)

Incest-Attempt indictable-Child of tender years-
Evidence not under oath Corroboration by "some
other material evidence"-Complaint of girl after of-
fence involving indecent assault—Answers to questions
-Canada Evidence Act, R.S.C., ch. 145, sec. 16-Cr.
Code secs. 204, 570.

PECK, Ex parte.

(N.B.)

Jurisdiction-Disqualification of justice-Bias-Sum-
mary proceedings against police magistrate before a
justice who was formerly police magistrate-Committal
of the justice for trial ordered by police magistrate now
accused before the justice-Presumption that officers
discharged public duty-Prohibition refused-Cr. Code
(1906) sec. 705.

276

173

339

133

PEPPER, R. v.

(MAN.)

Vagrancy-Prostitute wandering on streets-Not giv-
ing satisfactory account-Request to explain is an es-
sential-Plea of guilty insufficient to support convic-
tion unless request shewn in information-Cr. Code
(1906) secs. 238, 239.

POLLARD, R. v.

(ONT.)

Evidence of similar criminal acts-When admissible-
-Proving act charged as part of systematic illegal con-
duct-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.

PRASILOSKI, R. v.

(B.C.)

Appeal-Reserved case-Postponement of sentence-
New Court of Appeal-Appointment of Judges delayed
until after date of statutory session-Court not consti-
tuted-Remand of prisoner-Habeas corpus-Cr. Code
(1906) secs. 1013, 1014.

RAFFENBERG, R. v.

(SASK.)

Practising medicine or midwifery-Meaning of “practise"-Treatment of one patient sufficient if continuous service proved-Medical Profession Act (Sask.) RENAUD, R. v.

(ONT.)

Summary conviction-Selling liquor without licenseAdvance payment of fine and costs to justice-Subsequent formal conviction-Irregularity as to imprisonment directed in default of payment-Jurisdiction to impose fine-Statutory bar of certiorari proceedings where adequate remedy by appeal-Ontario Summary Convictions Act, 2 Edw. VII. ch. 12, sec. 14; 4 Edw. VII. ch. 10, sec. 23.

314

74

299

295

246

REYNOLDS, R. v.

(SASK.)

Evidence-Corroboration-Accomplice-Instruction to
jury-Disregard of instruction-Verdict legal — Cr.
Code (1906) secs. 303, 959.

ROYSTON, RE.

(MAN.)

Extradition-Depositions at hearing to be signed by
Judge-Shorthand transcript-Affidavit of stenographer
verifying-Omission of signature and affidavit a ground
for discharge-Proceedings de novo Amendment of re-
turn to habeas corpus-Extradition Act. R.S.C. 1906, ch.
155, sec. 13-Cr. Code (1906) secs. 682-686.

SCOTT, R. v.

209

96

(ONT.) Previous

Murder Self-defence and justification
threats and violent conduct of deceased towards accused
-Grounds for apprehending that life endangered-As-
saults upon others of which accused had information-
Violent temper of deceased-Evidence of his character.
-Cr. Code (1906) secs. 53, 259.

SEAGER, R. v.

(ONT.)

Injuring persons by wanton or furious driving-Bodily
harm-Fast driving of automobile with motor out of
repair-Evidence of wantonness-Cr. Code (1906) sec.

285.

STEEVES, Ex parte.

(N.B.)

Summary conviction-Trial-Omission to read over wit-
nesses' depositions-Matter of procedure and not of
jurisdiction-Return to certiorari-Affidavit to contra-
dict as to evidence certified-Proof of by-law-Copy
put in without objection-Cr. Code (1906) secs. 682,
721.

442

483

160

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