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 30
... evidence of criminality is re- quired to be such as would justify the apprehension of the party and his commitment for trial , if the offence had been committed in the country where he is found ; while in another part the evidence is ...
... evidence of criminality is re- quired to be such as would justify the apprehension of the party and his commitment for trial , if the offence had been committed in the country where he is found ; while in another part the evidence is ...
Page 48
... evidence which in our own courts would prima facie establish the crime charged . ( c ) When such prima facie case is made out , and the evi- dence in defence is not clear and conclusive , a jury is the only constitutional tribunal which ...
... evidence which in our own courts would prima facie establish the crime charged . ( c ) When such prima facie case is made out , and the evi- dence in defence is not clear and conclusive , a jury is the only constitutional tribunal which ...
Page 49
... evidence by way of defence ; but the prima facie evidence being sufficient to justify the com- mittal of the prisoner , the facts necessary to rebut the prima facie case could only be determined by the courts of the United States . If ...
... evidence by way of defence ; but the prima facie evidence being sufficient to justify the com- mittal of the prisoner , the facts necessary to rebut the prima facie case could only be determined by the courts of the United States . If ...
Page 51
... evidence can be produced . ( b ) In Re Kermott , ( c ) a question was raised , whether a com- mitting Magistrate could detain a prisoner on evidence amounting only to a ground of suspicion , for the purpose of other evidence being ...
... evidence can be produced . ( b ) In Re Kermott , ( c ) a question was raised , whether a com- mitting Magistrate could detain a prisoner on evidence amounting only to a ground of suspicion , for the purpose of other evidence being ...
Page 52
... evidence by which the charge before the Magistrate is to be sustained . The provision in the Statute as to the evidence of cri- minality being sufficient to justify the apprehension and committal for trial , if the offence had been ...
... evidence by which the charge before the Magistrate is to be sustained . The provision in the Statute as to the evidence of cri- minality being sufficient to justify the apprehension and committal for trial , if the offence had been ...
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Common terms and phrases
accused acquitted affidavit alleged Allen Anderson appear apply Arch arrest assault authority bail bigamy Canada certiorari champerty charge Clerk colony common law conviction County Court crime criminal Crown custody defendant discharged Draper duty embezzlement evidence fact false pretences felony ground guilty Habeas Corpus Hagarty held highway illegal imprisonment indictable offence indictment intent issue Judge judgment jurisdiction jurors jury Justice larceny liable libel liquor Lower Canada Magistrate malice marriage matter ment misdemeanor murder necessary nuisance oath obtained offence officer Ontario owner Oyer and Terminer P. C. App party Peace penalty perjury person plaintiff Pldg prisoner prisoner's proceedings prosecution prosecutor proved Province punishment Quarter Sessions quashed Queen's Bench received Robinson rule Russ shew shewn Stats Statute stealing sufficient supra tion Treaty trial unlawful verdict Wilson witness words writ writ of certiorari
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 399 - 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 251 - ... in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased ; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously kill and slay the deceased...
Page 290 - That the Distinction between Grand Larceny and Petty Larceny shall be abolished, and every Larceny, whatever be the Value of the Property stolen, shall be deemed to be of the same Nature, and shall be subject to the same Incidents in all respects as Grand Larceny was before the Commencement of this Act...
Page 292 - 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 174 - 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 329 - ... 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 212 - ... 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 260 - 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 180 - ... 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.