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: ... MAOLAREN and MEREDITH,
JJ.A.--The two appellants were tried together in the County Judge s
Criminal Court at London before the Junior Judge, for burglary and
theft, and were both convicted. He granted them leave under section
1021 of the Criminal Code to appeal to this Court for a new trial
on the ground that the verdict was against the weight of evidence.
The appeal to Court of Appeal was heard by HON. MR. JUSTICE GARROW,
HON. MR. JUSTICE MACLAREN, HON. MR. JUSTICE MEREDITH, HON. MR.
JUSTICE MAGEE and HON. MR. JUSTICE LENNOX. P. H. Bartlett, for the
defendants. J. R. Cartwright; K.C., for the Crown. HON. MR. JUSTICE
MACLAREN: --It was strongly argued on their behalf before us that
if the conviction of either of the accused was against the weight
of evidence, they should both have a new trial, and a dictum of
Robinson, C.J., in Reg. v. Felloufes, 19 U. C. R. at p. 54, was
cited in support of this proposition. It is to be observed,
however, that that was a case of conspiracy, as was also Reg. v.
Gmnpertz, 9 Q. B. 842, where Lord Denman, C.J., laid down the same
rule. N o authority was cited to us, nor have I found any for such
a rule in a case of burglary like the present. If this had been a
case of conspiracy it would have necessarily been applicable to
them both. In my opinion the general rule is that laid down by Lord
Kenyon, C.J., in Rea; v. Mawbey, 6 T. R. (also a case of
conspiracy), at p. 368, where he says that the Courts will grant or
refuse a new trial according as it will tend to the administration
of justice. I do not find anything in the law or in the facts of
the present case to prevent the cases of these two appellants being
considered separately, each on its own merits, and if the evidence
warrants it, different..
|Country of origin:
||246 x 189 x 20mm (L x W x T)
||Paperback - Trade
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