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CHARROX, R. v.

(QUE.) Sunday observance-Moving picture" show-Pursuing business or calling-Alternative French version of Quebec statute more favourable to accused_Construction of statute-Historical moving picturesnot a theatrical performance7 Edw. VII. (Que.) ch. 42. 241

COOK, R. v.

(ONT.) Abortion-Separate counts for using an instrument and for operatingwith 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. 40

CORRIGAN, R. v.

(ONT.) Summary trialConviction under repealed statuteReserving case after conviction on learning of repeal -Railway Act (Can.), sec. 415—Cr. Code sec. 1014. 310

COUTURE, R. v.

(QUE.) Practising medicine-Occultism—Passes": -Child incompetent to select mode of treatmentEpilepsy-Medical Act, R.S.Q. sec. 3998.

147

DAIGLE, R. v.

(N.B.) Mischief-Wilful destruction of fence-Colour of right -ErcessDestruction of more fence than that to which .supposed right applied-Cr. Code (1906) secs. 530, 511.

DEWAR, EX PARTE.

(N.B.) Search warrant for liquorCharge of keeping for sale --Informant executing warrant as chief of police-Conviction based on evidence obtained upon the searchValidity-Canada Temperance Act, R.S.C., ch. 152, sec. 136.

273

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DOMINION BOWLING AND ATHLETIC CLUB, R. v.

(ONT.)

Summary convictionsAppeal by stated case-Ruling
on admissibility of evidence not the subject of a stated
case—Order, determination or other proceeding,"
meaning of-Evidence not to be transmitted-Keeping
billiard tables, etc., for hire or gainLicensing law-
House of public entertainment-Incorporated club-Ex-
clusion of public-Privileges for shareholders only-
Special fees for billiards and bowling-Ontario Muni-
cipal ActSummary Convictions Act (Ont.)Cr. Code
(1906) sec. 761.

105

DROUIN, R. v.

(QUE.) MurderSelf-defence and justification-Parricide Threats by deceased to kill the accused and his mother -Grounds for apprehending that life endangeredEvidence of previous assaults upon accused by deceasedCharacter, evidence of-Previous violent conduct of deceased-Cr. Code (1906) secs. 53, 259.

205

DUBOIS, R. v.

(ALTĄ.) Cattle ranching-Registered brands in ranching districts-Appropriation and re-branding of stray branded animal-Possession of branded cattle of another as presumptive evidence of theft-Onus of proof-New trial on Crown's applicationCr. Code (1906) sec. 989.

485

DUBUC, R. v.

(QUE.)

Summary convictionProvincial lawReading over de-
positions to witnessesNon-payment of fine-Commit-
ment-"Subsequent costs"-Costs of conveying to gaol
-Certiorari where no appealNo inquiry into weight
of evidenceStating time of offenceSpecified date and

"before and since"-Selling liquor without license-
Continuing offence-Precision of date dispensed with by
statute-Autrefois convict-Quebec Licensing Act,
Cr. Code (1906) secs. 682, 721.

353

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

(SASK.)

Unlawful possession of stolen property brought into
Canada-Circumstances shewing theft by accused-
Recent possession after theft without accounting for
same-Cr. Code (1906) sec. 399.

351

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

(SASK.)

Charge in lieu of indictment-Special provision for Sus-
katchewan and AlbertaProvinces without grand jury
system-Authorization to prefer charge-Deputy At-
torney-General-Agent of Attorney-GeneralConvic-
tion quashed if charge unauthorized-Quare as to right
to prefer charge in Saskatchewan unless preliminary en-
quiry has been heldInterpretation Act, R.S.C., ch. 1,
sec. 31–Cr. Code (1906) secs. 2(2), 873, 873A.

454

DURRAND V. FORRESTER.

(MAN.) Preliminary enquiry-Disagreement of justicesCalling in other justices-Disagreement without further prosecution not a dismissalMandamus-Action for malicious prosecution-Cr. Code (1906) secs. 687, 690. 125

ELLIS, R. v.

(ONT.)

Gaming and betting-Distinction between-Personal
bets on streets-Means of livelihood-Charge of vag-
rancy-Cr. Code secs. 226, 227, 238.

379 FARRELL, R. v.

(ONT.)

Perjury-False evidence on preliminary enquiryProof 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.

283

GALLAGHER, Ex parte.

(N.B.)

Summary conviction - Jurisdiction of magistrate Magistrate authorized by statute to take place of another when latter disqualified-Recital of disqualification without stating grounds is primâ facie sufficientOnus of disproving jurisdiction shewn on face of conviction-Cr. Code (1906) sec. 705.

239

GALLOWAY, R. v.

(ALTA.)

ArrestProceedings 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-Sending false telegram with intent to defraud-Monetary damage-offence partly in two provincesCr. Code (1906) secs. 475, 564, 662.

317

GLYNN, R. v.

(MAN.) Usury-Manager or clerk in money-lender's office Money-lender's Act, R.S.C. ch. 122–Conviction of clerk with whom illegal transaction made-Cr. Code (1906) sec. 69.

243

GOODWIN v. HOFFMAN.

(ALTA.)

Assault with intent-Preliminary enquiry before a jus-
tice-Information by peace officer- Amendment of in-
formation to charge common assault-No power to pro-
ceed to summary convictionCivil 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.

270

GRAF, R. v.

(ONT.) Obscene pictures-Offence of selling-Admissions by accused-Proving confession to be voluntary-Summary trial before magistrateRecord of depositionsCir. cumstances on which admissibility depends need not appear on recordConviction on proof of confession Written charge on summary trial-Sworn information in lieu of formal charge-Inspection by magistrate before trial of pictures seized by policeHabeas corpusDescription of offence- Amendment of convictionOrder for further detention pending fresh warrantCr. Code (1906) secs. 207, 685, 778, 1027, 1120, 1124. 193

GROULX, R. v.

(QUE.)

Receiving stolen money-Prior acquittal for theft of
same-Naming alleged thief in indictment for receiving
-Surplusage-Verdict against accused for receiving
money "stolen by persons unknown"-Validity of ver-
dict without amendment of indictmentCr. Code (1906)
secs. 399, 400, 849, 889.

20

GUERTIN, R. v.

(MAN.)

Information in summary proceedings--Omission to
charge a material ingredient of offence- Amendment

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