Ontario Reports Volume 21

Ontario Reports Volume 21

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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. 1910 edition. Excerpt: ...power attaches as the section sets it out. If the conviction is in other respects good. we should exercise the power (if we have it) given by this section and sec. 754, and make a proper conviction. I do not need to pass upon the applicability of these sections, as another objection, in my mind, is fatal and cannot be set right. So far as the facts of the later offence are concerned, there can be no doubt that the prisoner was righteously convicted. But an objection is taken to the proof of the former conviction. After the adjudication of the offence (charged as a second offence) against the defendant, witnesses were called: Ayearst, a provincial inspector, who swears that he was present "in this room 81 Princess street, Kingston, when Daniel Graves, hotel-keeper, Harrowsmith, of the township of Portland, in the county of Frontenac, was convicted before William Lawson, Police Magistrate of the county of Frontenac, of selling intoxicating liquor at his hotel in Harrowsmith in said township without a license on the 14th day of July, 1908;" Robert Smith, to much the same efiect; and John Moreland also, who makes the ofience "having unlawfully sold liquor without a license." Moreland, as we have seen, was the complainant on the present prosecution., ' It is contended that the magistrate had no jurisdiction to take any evidence at all upon the prior conviction until he had (under sec. 101 (1) of the Liquor License Act) asked the accused "whether he was so previously convicted as alleged in the information," and the accused had denied or stood mute of malice or had not answered directly to the question. Rea: v. Nurse (1904), 7 O.L.R. 418, is cited as an authority for this contention. There the magistrate...show more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236874749
  • 9781236874740