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CHARRON, R. v.

(QUE.)

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.

COOK, R. v.

(ONT.)

241

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.

(ONT.)

Summary trial-Conviction under repealed statute-
Reserving case after conviction on learning of repeal
-Railway Act (Can.), sec. 415-Cr. Code sec. 1014.

COUTURE, R. v.

(QUE.)

Practising medicine-Occultism-"Passes"-Child in-
competent to select mode of treatment—Epilepsy-Medi-
cal Act, R.S.Q. sec. 3998.

DAIGLE, R. v.

310

147

(N.B.)

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

DEWAR, EX PARTE.

(N.B.)

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.

136.

273

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.

DROUIN, R. v.

(QUE.)

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.

DUBOIS, R. v.

(ALTA.)

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.

DUBUC, R. v.

(QUE.)

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

105

205

485

"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.

DUFF, R. v. (No. 1).

(SASK.)

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.

353

351

DUFF, R. v. (No. 2).

(SASK.)

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.

454

DURRAND v. FORRESTER.

(MAN.)

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

ELLIS, R. v.

(ONT.)

Gaming and betting-Distinction between-Personal
bets on streets-Means of livelihood-Charge of vag-
rancy-Cr. Code secs. 226, 227, 238.

379

FARRELL, R. v.

(ONT.)

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.

283

GALLAGHER, Ex parte.

(N.B.)

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.

GALLOWAY, R. v.

(ALTA.)

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.

239

317

GLYNN, R. v.

(MAN.)

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.

243

GOODWIN v. HOFFMAN.

(ALTA.)

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.

GRAF, R. v.

(ONT.)

270

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

GROULX, R. v.

(QUE.)

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.

GUERTIN, R. v.

(MAN.)

Information in summary proceedings-Omission to
charge a material ingredient of offence-Amendment

20

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