harm, the defendant may be convicted of a (1)

common assault.

Upon an indictment for conspiring to prevent workmen from continuing work, it is sufficient to prove a conspiracy to prevent one workman from working. (2)

Where two intentions are ascribed to one act-as that an assault was committed on a female with intent to abuse and to carnally know her-proof of either of the intentions ascribed will be sufficient. (3)

Upon a charge of stealing, if any one of the articles enumerated in the charge be proved to have been stolen by the defendant, it will be sufficient. (4)

Upon an indictment for extortion, alleging that the defendant extorted twenty shillings, it was held sufficient to prove that he extorted one shilling. (5)

On a charge of obtaining money by false pretences, proof of part of the pretence alleged was held sufficient where the money was obtained upon that part of the pretence which was proved. (6)

Where several are indicted for burglary and theft, one may be found guilty of the burglary and stealing, and the others of the stealing only. (7)

VIEW. Article 732 of the Code, provides that on the trial of any person for an offence against the Code, the court may direct that the jury shall have a view of any place, thing or person. But it does not appear to empower the taking of such a view by the court or judge in the case of a trial without a jury. Thus, where upon an indictment for unlawfully displacing a railway switch, a prisoner was tried without a jury by a county court Judge, exercising jurisdiction under the "Speedy Trials Act,"

(1) R. v. Olivér, Bell, 287; 30 L. J. (M. C.) 12; R. v. Yeadon, L. & C. 81; 31 L. J. (M. C.) 70.

(2) R. v. Bykerdike, 1 M. & R. 179.

(3) R. v. Evans, 3 Stark, 35; R. v. Dawson, 3 Stark, 62.

(4) 2 Hale, 302. See R. v. Ellins, R. & R. 188.

(5) R. v. Burdett, 1 Ld. Raym. 149. See R. v. Carson, R. & R. 303.

(6) R. v. Hill, R. & R. 190.

(7) R. v. Butterworth, R. & R. 520.

and after hearing the evidence and the addresses of counsel, the judge reserved his decision, and, then, before giving it, having occasion to pass the place, he examined the switch in question. neither the prisoner nor any one on his behalf being present, and the prisoner was found guilty ;-it was held that there was no authority for the judge taking a view of the place, and that even if he had the right to take the view, the manner of his taking it. without the presence of the prisoner or of any one on his behalf. was unwarranted, and, further, that the question whether the judge had the right to take a view was a question of law arising on the trial and was a proper question to reserve under the R. S. C., c. 174, sec. 259, (1)

Reserving Questions of Law.-Article 743 provides as follows:

1. The court before which any accused person is tried may, either during or after the trial, reserve any question of law arising either on the trial or on any of the proceedings preliminary, subsequent, or incidental thereto, or arising out of the direction of the judge, for the opinion of the Court of Appeal in manner hereinafter provided.

2. EITHER THE PROSECUTOR OR THE ACCUSED may, during the trial, either orally or in writing, apply to the court to reserve any such question as aforesaid, and the court, if it refuses so, to reserve it, shall nevertheless take a note of such objection.

3. After a question is reserved, the trial shall proceed as in other

cases.

4. If the result is a conviction, the court may, in its discretion, respite the execution of the sentence, or postpone sentence till the question reserved has been decided, and shall in its discretion commit the person convicted to prison or admit him to bail, with one or two sufficient sureties, in such sums as the court thinks fit, to surrender at such time as the court directs.

5. If the question is reserved, a case shall be stated for the opinion of the Court of Appeal.

(1) R. v. Petrie, 20 Ont., Rep. 317.

Appeal when Question not Reserved.-If the court refuses to reserve the question, the PARTY APPLYING may, with the leave, in writing, of the Attorney-General, move the Court of Appeal, after notice to the ACCUSED OF PROSECUTOR, as the case may be, for leave to appeal; and, if leave to appeal is granted, a case shall be stated for the opinion of the Court of Appeal as if the question had been reserved. (Code, Art. 745.)

775. Admission to Bail.-If a prisoner elects to be tried by the judge without the intervention of a jury, the judge may, in his discretion, admit him to bail to appear for his trial, and extend the bail, from time to time, in case the court be adjourned or there is any other reason therefor; and such bail may be entered into and perfected before the clerk.

776. Bail in Case of Election of Trial by Jury. -If a prisoner elects to be tried by a jury, the judge may, instead of remanding him to gaol, admit him to bail, to appear for trial at such time and place and before such court as is determined upon, and such bail may be entered into and perfected before the clerk.

777. Adjournment.—The judge may adjourn any trial from time to time until finally terminated.

778. Powers of Amendment.-The judge shall have all powers of amendment which any court mentioned in this part would have if the trial was before such court.

Article 629 of the Code, provides for the amending of defects apparent upon the face of an indictment when attacked by demurrer or motion to quash; and Article 723 of the Code provides for the making of amendments when there are variances between the charge as laid in the indictment and the evidence given on the trial. (1)

779. Recognizance to Prosecute or give Evidence. Any recognizance taken under section 598 of the Code, for the purpose of binding a prosecutor or a witness, shall, if the

(1) For these Articles 629 and 723, and full comments and authorities thereon, see Crankshaw's Cr. Code, pp. 591-592 and 654-656.

person committed for trial elects to be tried under the provisions of this part, be obligatory on each of the persons bound thereby, as to all things therein mentioned with reference to the trial by the judge under this part, as if such recognizance had been originally entered into for the doing of such things with reference to such trial: Provided, that AT LEAST FORTY-EIGHT HOURS NOTICE IN WRITING SHALL BE GIVEN, either personally or by leaving the same at the place of residence of the persons bound by such recognizance as therein described, to appear before the judge at the place where such trial is to be had.

780. Witnesses to attend throughout trial.— Every witness, whether on behalf of the prisoner or against him, duly summoned or subpoenaed to attend and give evidence before such judge, sitting on any such trial, on the day appointed for the same, shall be bound to attend and remain in attendance throughout the trial; and if he fails so to attend he shall be held guilty of contempt of court, and may be proceeded against therefor accordingly.

781. Compelling attendance of Witnesses.Upon proof to the satisfaction of the judge of the service of subpœna upon any witness who fails to attend before him as required by such subpoena, and upon such Judge being satisfied that the presence of such witness before him is indispensable to the ends of justice, he may, by his warrant, cause the said witness to be apprehended and forthwith brought before him to give evidence as required by such subpoena, and to answer for his disregard of the same; and such witness may be detained on such warrant before the said Judge, or in the common gaol, with a view to secure his presence as a witness; or, in the discretion of the Judge, such witness may be released on recognizance, with or without sureties, conditioned for his appearance to give evidence as therein mentioned, and to answer for his default in not attending upon the said subpoena, as for a contempt; and the Judge may, in a summary manner, examine into and dispose of the charge of contempt. against the said witness, who, if found guilty thereof, may be fined or imprisoned, or both, such fine not to exceed one hundred dollars, and such imprisonment to be in the common gaol, with or without

hard labour, and not to exceed the term of ninety days, and he may also be ordered to pay the costs incident to the execution of such warrant and of his detention in custody.

2. Such warrant may be in the form OO (1) and the conviction for contempt in the form PP in schedule one of the Code. (2) and the same shall be authority to the persons and officers therein required to act to do as therein they are respectively directed.

FORMS UNDER PART LIV OF THE CODE.

MM.-(Section 767.)

FORM OF RECORD WHEN THE PRISONER PLEADS NOT GUILTY.

Canada,

Province of

County of

Be it remembered that A. B., being a prisoner in the gaol of the said county, committed for trial on a charge of having on the day of

, in the year

the property of C. C., or as the case may

stolen, &c. (one cow,

be, stating briefly the offence) (describe the Judge) on the in the year

and having been brought before me

and

asked by me if he consented to be tried before me without the intervention of a jury, consented to be so tried; and that upon the

day of in the year the said A. B., being again brought before me for trial, and declaring himself ready, was arraigned upon the said charge and pleaded not guilty; and after hearing the evidence adduced, as well in support of the said charge as for the prisoner's defence (or as the case may be), I find him to be guilty of the offence with which he is charged as aforsaid, and I accordingly sentence him to (here insert such sentence as the law allows and the Judge thinks right,) (or I find him

(1) For Form 00, see p. 283, post. (2) For Form PP, see p. 284, post.