Decisions Des Tribunaux Du Bas-Canada

Decisions Des Tribunaux Du Bas-Canada

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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. 1859 edition. Excerpt: ...of the case his honor remarked.) From these facts, two questions arise; firstly, was there an obtaining of goods from Orkney and Simmons under false pretences? secondly, (and this second question properly subdivides itself into four questions, ) was the snatching from Ann Lamb a continuation of the act of obtaining from Orkney and Simmons; or an obtaining under false pretences from Ann Lamb; or a larceny from Orkney and Simmons; or a larceny from Ann Lamb? but into this last question I need not inquire, because, if admitted, the statute upon which the indictment is framed, would not apply, inasmuch as by the statute a false pretence must be shewn. Ihold also, that it was not a larceny from Orkney and Simmons under the statute, and therefore it does not apply; but it may be pretended, in favor of the verdict, that there was an obtaining under false pretences from them, but in my opinion this view is not sustained by the evidence'; there can be no doubt, that there was an attempt to do this, but, I do not think it was carried out, inasmuch as the parcel was sent to Miss Atkins, and came into her possession, however short her possession may have been, or into the possession of Ann Lamb, however short it may have been; but, it is said Orkney and Simmons never lost the legal passession, --but this question I will not inquire into, for it is perfectly clear they lost the physical possession of them, and I am not fully satisfied that Miss Atkins had not the actual possession of them, but I am sure that, at all events, Ann Lamb had the actual possession of them for a while; and, therefore, it was a larceny either from Miss Atkins or from Ann Lamb, and in such case, as I have already stated, the statute will not apply, there being no more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236827678
  • 9781236827678