Ontario Weekly Reporter and Index-Digest Volume 23 (Paperback)

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..