A Treatise on the Criminal Law of CanadaHart, 1882 - 588 pages |
Contents
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Common terms and phrases
acquitted affidavit alleged Allen Anderson appear apply Arch arrest assault authority bigamy Canada certiorari champerty charge clerk committed common law conspiracy conviction court held crime criminal Crown Dears defendant defraud discharge Draper enactment evidence fact false pretences felony forgery grievous bodily harm ground guilty habeas corpus Hagarty highway Ibid illegal Imperial imprisonment indictable offence indictment intent judge judgment jurisdiction jury justice larceny liable libel magistrate malice Manitoba manslaughter marriage matter McIntee ment misdemeanor murder necessary nuisance oath obtained offence officer Ontario owner Oyer and Terminer Parliament party peace penalty perjury person plaintiff Pldg prisoner prisoner's proceedings prosecution prosecutor proved Province Pugsley punishment purpose Quarter Sessions quashed Quebec received road Robinson rule Russ Sessions Smith Stats statute sufficient supra tion treaty trial unlawful verdict warrant Wilson witness words writ
Popular passages
Page 307 - 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 197 - ... with force and arms,' or of the occupation or place of residence of the accused, nor by the reason of the disqualification of any grand juror or grand jurors ; and in any indictment for murder or manslaughter it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased...
Page 134 - In Byam v. Collins, 111 NY 143, it is said: 'A libelous communication is regarded as privileged, if made bona fide, upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty...
Page 150 - An eighth offence against the public peace is that of a forcible entry or detainer, which is committed by violently taking or keeping possession of lands and tenements with menaces, force, and arms, and without the authority of law.
Page 82 - ... employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people...
Page 286 - ... applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name.
Page 131 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 124 - England, the law presumes that a person who has not been heard of for seven years is dead...
Page 164 - ... 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 358 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but...