The British Columbia Reports Volume 7

The British Columbia Reports Volume 7

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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. 1901 edition. Excerpt: ... ungrammatical, and the drafting or wording of the indictment is faulty in construction, but, as it contains a statement of all the facts and circumstances which are essential to constitute the offence created by section 99 of 'The Bank Act, ' it is not bad on that account." But though, under the above authorities, the indictment is so framed that now, but not formerly, a " human being " might have been justified in thinking the charge he had to meet was manslaughter, what does it contain that, so far as the Code is concerned, would give acorporation anyground or reason for believing that it had to meet any other charge than one of causing grievous bodily injury under section 252? After mature reflection I am constrained to answer, nothing. It is not as though there was any other statute, or section in the Code, relating to the offence, or that any new offence had been created unknown to the common law, or that, so far as the defendant Company is concerned, any other charge might be brought against it upon the indictment. So this is not a case where a defendant Company might not be able to gather from the indictment what statute it was charged under, ' because, as has been seen, there is only one section of the Code which is applicable. Nor could any question arise as to whether the offence charged was against the common law or the statute, because the language used and the evidence would be the same in either case. That this indictment may be supported at common law I do not understand to be disputed.--The Queen v. The Great North of England Railway Company supra, followed in The Eastern Counties Railway Company and Richardson v. Broom (1851), 6 Ex. 314; and Whitfield v. The South Eastern Railway Company (1858), E....
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Product details

  • Paperback | 168 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 123677082X
  • 9781236770820