Western Weekly Reports Volume 6

Western Weekly Reports 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. 1914 edition. Excerpt: ...that there was no evidence of what these items might rest upon or whence the money came. There is no intimation that the prisoner was to explain or that his failure to explain furnished any evidence against him. It could. I respectfully submit. only be in such case that the reasons assigned by the learned judge in the support of his dissenting opinion could have any force. The case he relies upon does not carry the law further. The bare fact that the prisoner had money in the bank during the period in question. in itself was quite admissible. just as much as if he had put it in his pocket, but it would carry no substantial weight with the jury unless connected in some way with the abstraction of money alleged to have been stolen. Such, I take it, is all that can fairly be said of the charge in this regard. There was no objection made to it, which I certainly think would have been made had the remarks of the learned trial judge been felt by counsel to have borne unfairly on his client. Indeed. to my mind. it was obviously impossible for a prudent Crown oflicer to have relied upon such an account in way of pu-tting any stress thereupon. His doing so, or even without his doing so. the situation was such as to have enabled prisoner's counsel to have suggested with most telling effect the fact that the Crown had been driven to investigate the bank account of a man previously of good character and presumably innocent, and had utterly failed to find the half of $5,000. It was the theft of $5,000. and nothing more or less, that was being investigated. 1 The whole burden of the proof to support-the charge rested upon the prisoner's having made the alterations in the_cashbook and other books and documents, which demonstrated the...show more

Product details

  • Paperback | 688 pages
  • 189 x 246 x 35mm | 1,207g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236836383
  • 9781236836380