Sunday observance-"Moving picture" show-Pursu- ing business or calling-Alternative French version of Quebec statute more favourable to accused-Construc- tion of statute-Historical "moving pictures" not a theatrical performance-7 Edw. VII. (Que.) ch. 42.
Abortion-Separate counts for using an instrument and for "operating" with 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.
Summary trial-Conviction under repealed statute- Reserving case after conviction on learning of repeal -Railway Act (Can.), sec. 415-Cr. Code sec. 1014.
Practising medicine-Occultism-"Passes"-Child in- competent to select mode of treatment—Epilepsy-Medi- cal Act, R.S.Q. sec. 3998.
Mischief-Wilful destruction of fence-Colour of right -Excess-Destruction of more fence than that to which .supposed right applied-Cr. Code (1906) secs. 530, 541. 55
Search warrant for liquor-Charge of keeping for sale -Informant executing warrant as chief of police-Con- viction based on evidence obtained upon the search- Validity-Canada Temperance Act, R.S.C., ch. 152, sec.
DOMINION BOWLING AND ATHLETIC CLUB, R. v. (ONT.)
Summary convictions-Appeal 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 gain-Licensing law- House of public entertainment-Incorporated club-Ex- clusion of public-Privileges for shareholders only- Special fees for billiards and bowling-Ontario Muni- cipal Act-Summary Convictions Act (Ont.)-Cr. Code (1906) sec. 761.
Murder-Self-defence and justification-ParricideThreats by deceased to kill the accused and his mother -Grounds for apprehending that life endangered-Evidence of previous assaults upon accused by deceasedCharacter, evidence of-Previous violent conduct of deceased-Cr. Code (1906) secs. 53, 259.
Cattle ranching-Registered brands in ranching dis- tricts-Appropriation and re-branding of stray branded animal-Possession of branded cattle of another as pre- sumptive evidence of theft-Onus of proof-New trial on Crown's application-Cr. Code (1906) sec. 989.
Summary conviction-Provincial law-Reading over de- positions to witnesses-Non-payment of fine-Commit- ment "Subsequent costs"-Costs of conveying to gaol -Certiorari where no appeal-No inquiry into weight of evidence-Stating time of offence-Specified 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.
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.
Charge in lieu of indictment-Special provision for Sas- katchewan and Alberta-Provinces without grand jury system-Authorization to prefer charge-Deputy At- torney-General-Agent of Attorney-General-Convic- tion quashed if charge unauthorized-Quare as to right to prefer charge in Saskatchewan unless preliminary en- quiry has been held-Interpretation Act, R.S.C., ch. 1, sec. 31-Cr. Code (1906) secs. 2(2), 873, 8734.
Preliminary enquiry-Disagreement of justices-Call- ing in other justices-Disagreement without further prosecution not a dismissal-Mandamus-Action for malicious prosecution-Cr. Code (1906) secs. 687, 690. 125
Gaming and betting-Distinction between-Personal bets on streets-Means of livelihood-Charge of vag- rancy-Cr. Code secs. 226, 227, 238.
Perjury-False evidence on preliminary enquiry- Proof 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.
Summary conviction - Jurisdiction of magistrate Magistrate authorized by statute to take place of an- other when latter disqualified-Recital of disqualifica- tion without stating grounds is primâ facie sufficient Onus of disproving jurisdiction shewn on face of con- viction-Cr. Code (1906) sec. 705.
Arrest-Proceedings 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 tele- gram with intent to defraud-Monetary damage-Of- fence partly in two provinces-Cr. Code (1906) secs. 475, 564, 662.
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.
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 conviction-Civil 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.
Obscene pictures-Offence of selling-Admissions by ac- cused-Proving confession to be voluntary-Summary trial before magistrate-Record of depositions-Cir- cumstances on which admissibility depends need not ap- pear on record-Conviction on proof of confession- Written charge on summary trial-Sworn information in lieu of formal charge-Inspection by magistrate be- fore trial of pictures seized by police-Habeas corpus— Description of offence-Amendment of conviction- Order for further detention pending fresh warrant- Cr. Code (1906) secs. 207, 685, 778, 1027, 1120, 1124. 193
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 indictment-Cr. Code (1906) secs. 399, 400, 849, 889.
Information in summary proceedings-Omission to charge a material ingredient of offence-Amendment
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