Canadian Criminal Cases Annotated Volume 6

Canadian Criminal Cases Annotated Volume 6

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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. 1903 edition. Excerpt: ...the act of then actually using the passage set apart for foot passengers, no more than it could be asserted that the words "vehicles" or "cariages," used in section 180, could be interpreted to mean vehicles or carriages, then actually in motion. A foot passenger, I take it, is merely one who travels on foot as contradistinguished from one who travels in carriages or by other means of conveyance. Again, Mr. Roscoe 'contended that the intent must determine the character of the offence, and if the defendants did not intend to obstruct the free passage for foot passengers, that they should not be convicted. This contention is not borne out by the authorities. In the absence of a statutory provision to the contrary, the knowledge or intent with which one acts in placing an obstruction in a highway is immaterial." Am. & Eng. Encyc. of Law, vol. 15, 502. Under an Act making it an indictable misdemeanour to obstruct any public road, the intent was held to be immaterial." Endlech on Statutes, sec. 133; McKibb0n v. Slate, 40 Ark-480. "It is the act and not the intent that constitutes the offence." While it is not really necessary to decide whether or not the witnesses Suttee and Crowell, or either of them, was obstructed during the progress of the march, yet, in the case of Suttee, at least, I am of the opinion that the prosecution established a case of a de facto or actual obstruction..He was unquestonably exercising his right as one of the public, and as a foot passenger, and failed to work his way past the students without halting and waiting until part of the procession had passed him. He carried with him in his right hand a box about 18 inches long, 8 inches high, and 8 inches deep, ...show more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236832094
  • 9781236832092