Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...or of equal weight. Experience teaches us that jurors sometimes get very queer notions of their duties and I cannot help believing that the learned Judge left the question of their right to find one guilty and to acquit the other in such:1 way that they may, in the terms of the question, have been confused or misled, instead of making this point quite clear to them as justice to the accused required should be done. I think that on this ground counsel for the prisoner should succeed on his motion for leave to appeal from the refusal to reserve a case. There seems not much reason to believe that a reference to the evidence could in any way affect this question arising as it does upon the face of the charge and upon facts appearing in the case stated as it now stands. As counsel for the Crown has not consented to our disposing of the case as if the case had been reserved nothing remains but to direct him to state a case, but as obviously a re-argument would be useless. doubtless the Crown will now consent to an order for a new trial of the two accused separately, which in my opinion is the form in which, had the case been reserved, the order should go. In the result I would refuse the motion as to questions (2), ' (3.), (7) and (8) and allow the motion as to the remaining questiolu Judgment accordingly James Short, K.C., agent for Attorney-General of Alberta. J. McKinley Cameron, solicitor for prisoners. ' APPELLATE DIVISION BEzA.'CoN (Complainant) Respondent v. GRAND TRUNK PACIFIC DEVELoPMENT CoMPANY (Defendant) Appellant Criminal Law--Notice of A/pcal--Suf'iciency--S. 75o'---Necessity That Notice be Addressed--Neccssity of Sig-nature--Efiect of Inserting Name of Particular Judge--Deposit by Unmarkcd Chequc--Sufficiency. A notice of...