2ND EDIT. REVISED STATUTES 1906 REMARKS idence on the homicide trial, on the deponent's death, illness or absence from Canada, as a deposition on a preliminary enquiry would be, and the above section, 999, does not apply to dopositions taken before coroners. (98) But the signed deposition of a witness at a coroner's inquest may be used on the cross-examination of the witness at the homicide trial for the purpose of contradicting the witness' testimony, although it is not certified to have been read over to the deponent and although it does not appear, thereby that the deponent had no further testimony to add. (99) Sec. 688. Sec. 1000. Depositions may be used in trial for other Unchanged. offences. Sec. 689. Sec. 1001. Evidence of accused's statement before the Sec. 684. Sec. 1002. Cases in which evidence of one witness must be corroborated. No person accused of any offence under any of the hereunder mentioned sections shall be convicted upon the evidence of one witness, unless such witness is corroborated in some material particular by evidence implicating the accused: (a) Treason, Part II., section seventy-four; (b) Perjury, Part IV., section one hundred and seventy-four; (c) Offences under Part V., sections two hundred and eleven to two hundred and twenty inclusive; (d) Procuring feigned marriage, Part VI., section three hundred and nine; (e) Forgery, Part VII., sections four hundred and sixty-eight to four hundred and seventy inclusive. Slightly altered, as here set forth. On a charge of allowing a girl under eighteen to be upon premises for immoral purposes, the evidence of the girl proving that she shared with the proprietor the money she obtained by prostitution there carried on is sufficiently corroborated, by the evidence of another witness tending to shew that the place was a bawdy house. (100) (98) R. v. Laurin, (No. 3), 5 Can. Cr. Clas., 548. (99) R. v. Laurin, (No. 2), 5 Can. Cr. Cas., 545; R. v. Laurin, (No. 3), supra. (100) R. v. Brindley, 6 Can. Cr. Cas., 196. 2ND EDIT. REVISED STATUTES 1906 REMARKS On a charge of criminal seduction under promise of marriage, corroboration is essential; but the corroboration need not be as to every fact and it is sufficient if it confirms the belief that the prosecutrix is speaking the truth. (101) Evidence not in support of the charges laid in the indictment, but referring to charges not laid cannot be received as corroborative evidence; and evidence of what the child told others could not be received. (102) It has been held that the corroborative evidence required to support a charge of seducing a girl under 16 years of age is not necessarily that of another witness or witnesses to the acts charged. (103) Where a prisoner is charged with forgery by writing three false signatures as endorsements on the back of a promissory note, and each of the parties, whose signatures are thus made to appear, swears that the signature purporting to be his is not his and is a forgery, there is corroborative evidence to support the charge. (103a) Sec. 685. Sec. 1003. Evidence of child not under oath may be received in certain cases, but must be corroborated. Unchanged. (104) Upon the trial of a charge of attempted carnal knowledge of a girl under fourteen who is too young to understand the nature of an oath, a conviction for that offence is not warranted, unless her evidence not under oath is corroborated by some other material evidence implicating the accused; but the accused may be convicted of common assault upon the charge so laid if there be, quired by section 25 (now section 16) of the Criminal Code, corroboration merely by some other material evidence, the words "implicating the accused" not being in section 16 of the Canada Evidence Act. (105) as re The trial judge has no power to direct that the official interpreter appointed by the government shall not act in the trial of an indictment because of a charge brought forward by the counsel for the defence that the interpreter had previously been actively engaged in assisting the prosecution. (105 a) Where it is sought to examine a witness through an interpreter, (101) R. v. Daun, 11 Can. Cr. Cas., 244; 12 Ont. L. R., 227. (102) R. v. South, 39 Can. L. J., 639. (103) R. v. Burr, 8 O. W. R., 703; 27 Can. L. T., 41. (103a) Houle v. R., Que. Jud. Rep., 15 K. B., 170. (104) See section 16 of the Canada Evidence Act, post, for a similar provision. (105) R. v. DeWolfe, 9 Can. Cr. Cas., 38. (105a) R. v. Wong On, (No. 1), 8 Can. Cr. Cas., 342. 2ND EDIT. REVISED STATUTES 1906 REMARKS in a foreign tongue, the opposing counsel may be given leave first to question the witness in English to test the witness' competency to speak that language. When a foreign witness examined through an interpreter has some knowledge of English, the counsel entitled to cross examine may do so in English, without the intervention of the interpreter, and may also, if he chooses, put questions through the interpreter. (1056) For annotations as to the cross examination of an accused who testifies on his own behalf, as to the cross examination of a witness upon his previous written and oral statements, as to evidence of character, etc., see comments under sections 4, 9, 10, 11 and 12, of the Canada Evidence Act, post. SENTENCE, ARREST OF JUDGMENT AND APPEAL. Sec. 733. Sec. 1004. Question to be put to accused, if found guilty. If the jury find the accused guilty, or if the accused pleads guilty, the judge presiding at the trial shall ask him whether he has anything to say why sentence should not be passed upon him according to law: Provided that the omission so to ask shall have no effect on the validity of the proceedings. (106) Sec. 626. Sec. 1005. Sentence justified if sustained by any one of several counts. If one sentence is passed upon any verdict of guilty on more counts of an indictment than one, the sentence shall be good if any of such counts would have justified it. (107) an Sec. 733. Sec. 1006. Where sentence carried out when venue changed. When any sentence is passed upon any person after a trial had und order for changing the place of trial, the Court may in its discretion, either direct the sentence to be carried out at the place where the trial was had or order the person sentenced to be removed to the place where his trial would have been had but for such (1056) R. v. Wong On, (No. 2), 8 Can. Cr. Cas., 343. (106) Formed from the first paragraph of the old section 733. (107) Taken from par. 5 of the old section 626, the other paragraphs of that old section being made into sections, 856, 857 and 858, ante. 2ND EDIT. REVISED STATUTES 1906 REMARKS order, so that the sentence may be there carried out. (108) Sec. 1007. Motion in arrest of judgment. The ac cused may at any time before sentence move in arrest of judgment on the ground that the indictment does not, after amendment, if any, state any indictable offence. 2. The court may in its discretion either hear and determine the matter during the same sittings or reserve the matter for the court of appeal as hereinafter provided. 3. If the court decides in favour of the accused, he shall be discharged from that indictment. 4. If no such motion is made, or if the court decides against the accused upon such motion, the court may sentence the accused during the sittings of the court, or the court may in its discretion discharge him on his own recognizance, or on that of such sureties as the court thinks fit, or both, to appear and receive judgment at some future court or when called upon. 5. If sentence is not passed during the sittings, the judge of any superior court before which the person so convicted afterwards appears or is brought, or if he was convicted before a court of general or quarter sessions, the court of general or quarter sessions at a subsequent sittings may pass sentence upon him or direct him to be discharged. (109) Sec. 730. Sec. 1008. Suspension of sentence of death on pregMeaning unchanged. nant woman. Sec. 731. Sec. 1009. Jury de ventre inspiciendo abolished. Meaning unchanged. Sec. 734. Sec. 1010. Judgment not to be stayed or reversed on certain grounds. Judgment sufficient after verdict, notwithstanding certain objections. Judgment, after verdict upon an indictment for any offence against this Act, shall not be stayed or reversed, (108) Taken from par. 4 of the old section 733. (109) Taken from paragraphs 2 and 3 of the old section 733. 2ND EDIT. REVISED STATUTES 1906 REMARKS (a) for want of a similiter; (b) by reason that the jury process has been awarded to a wrong officer, upon an insufficient suggestion; (c) for any misnomer or misdescription of (d) because any person has served upon Sec. 735. Sec. 1011. Verdict not to be impeached for certain omissions as to jurors. Unchanged. Sec. 1012. Appeal from conviction by a judge in a trade conspiracy case. An appeal on all issues of law and fact shall lie, from any conviction, by the judge without the intervention of a jury, for any offence mentioned in section 498, to the Court of appeal in the province where such conviction is made; and the evidence taken upon the trial shall form part of the record in appeal, and, for that purpose, the court before which the case is tried shall take note of the evidence and of all legal objections thereto. (110) Sec. 742. Sec. 1013. Appeal in other cases of indictable offences. An appeal from the verdict or judgment of any court or judge having jurisdiction in criminal cases, or of a magistrate procceding under section seven hundred and seventy-seven, on the trial of any person for an indictable offence, shall lie upon the application of such person if convicted, to the (110) Taken from 52 V., c. 41, s. 5, forming part of the Apendix to the old Code. |