Canadian Criminal Cases Annotated Volume 19

Canadian Criminal Cases Annotated Volume 19

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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. 1913 edition. Excerpt: ... out. No formula is necessary to be used to prove the want of inducement or threat. I am of opinion, therefore, that this objection cannot prevail. Then as to the other objection, I have the same remark to make with respect to this objection, namely, that it was not raised until after verdict. However, I cannot find it laid down anywhere that a confession made to one not in authority in the presence of a person in authority must be preceded by a warning. This objection cannot prevail, either. Objections are also raised to the learned Judge's charge. In referring to the statement made by the prisoner to Brooks, sometimes he mentioned it as a statement, sometimes as a confession. The Judge drew the attention of the jury to the statement made to Brooks, and directed them: --It is for you to say what interpretation is to be put upon the statement of the accused to constable Brooks; it is for you to put a reasonable interpretation on it, taking into consideration all the circumstances surrounding that particular statement. It seems to me to be idle, after that, to contend that because he afterwards called the statement a "confession" that it could have misled or prejudiced the minds of the jury, I may say that I find in all the works on the law relating to crimes an "admission" is almost invariably called a "confession." Objections are also raised to the charge: --(a) Because the learned Judge pointed out to the jury that they could infer that the prisoner shot the deceased with murderous intent because he had pursued Mark Yen along the street with murderous intent; (b) Because the learned Judge assumed that the prisoner pursued Mark Yen with murderous intent; that this was a matter entirely for more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236961919
  • 9781236961914