2ND EDIT. REVISED STATUTES 1906 REMARKS and thereupon a formal commencement may be inserted before each of the counts into which it is divided. (43) Sec. 621. Sec. 893. Amendment at trial when property wrongly laid. — Upon a prosecution for any offence under section 378 or 424, any variance, when the property is laid in a person or corporation, between the statement in the indictment and the evidence adduced may be amended at the trial. 2. If no owner is proved, the indictment may be amended by laying the property in His Majesty. (44) INSPECTION AND COPIES OF DOCUMENTS. Sec. 653. Sec. 894. Right of accused to inspect depositions, and to have indictment read. Sec. 654. Sec. 895. Copy of indictment. Sec. 655. Sec. 896. Copy of depositions. Unchanged. Meaning unchanged. Sec. 658. Sec. 897. Documents to be delivered to the accused in a case of treason. OBJECTIONS, PLEAS AND RECORD. Unchanged. Sec. 629. Sec. 898. Objections to an indictment for apparent defects to be made by demurrer or motion to quash. Meaning unchanged. A count of an indictment charging the defendant with having, with intent to defraud, unlawfully made use of and uttered a promissory note, alleged to have been made and signed by one of the defendants by procuration without lawful authority or excuse and with intent to defraud, is defective if it does not also allege that the defendants knew it to have been so made and signed; and such a defect is one of substance, which cannot be amended under the above section, 898. (45) Sec. 656. Sec. 899. No plea in abatement. Objection to constitution of grand jury may be by motion. Meaning unchanged. (43) This section. 892, is made up, (with slight alterations), of the latter part of paragraph 1 of the old section 612, and of the whole of paragraph 2 thereof; the first part of par. 1 of the old section being made into section 854, ante. (44) Taken from the latter half of the old section 621, and altered as here set forth; the first half of the old section being made into section 866, ante. (45) R. v. Weir, (No. 5), 3 Can. Cr. Cas., 499. 2ND EDIT. REVISED STATUTES 1906 REMARKS An objection, that a member of the grand jury, by which the indictment was found, was not indifferent as between the Crown and the accused, because of alleged interest in the subject matter of the prosecution, and was therefore disqualified from acting as a grand juror in respect of such indictment, is not an objection to the "constitution" of the grand jury, which, under the above section 899 must be raised by motion to quash the indictment. (46) Sec. 657. Sec. 900. Plea. Refusal to plead. When the accused is called upon to plead he may plead either guilty or not guilty or such special plea as is in this Part subsequently provided for. 2. If the accused wilfully refuses to plead, or will not answer directly, the court may order the proper officer to enter a plea of not guilty. Altered, as here set forth. Sec. 630. Sec. 901. Time to plead to indictment. Meaning unchanged. Sec. 757. Sec. 902. Time to plead in Ontario. Unchanged. Sec. 758. Sec. 903. Rule to plead when defendant appears by Unchanged. Attorney. Sec. 759. Sec. 904. Delay in prosecution instituted by Attorney General of Ontario. Unchanged. Sec. 631. Sec. 905. Special pleas.-Autrefois acquit, autrefois convict, pardon, etc.-The following special pleas and no others may be pleaded according to the provisions hereinafter contained, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and such pleas in cases of defamatory libel as are hereinafter mentioned. 2. All other grounds of defence may be relied on under the plea of not guilty. (47) Sec. 906. Such pleas may be pleaded together. The pleas of autrefois acquit, autrefois convict, and pardon may be pleaded together, and if pleaded shall be disposed of before the accused is called on to plead further. 2. If every such plea is disposed of against the accused he shall be allowed to plead not guilty. (46) R. v. Hayes, (No. 2), 9 Can. Cr. Cas., 101. (47) These three new sections 905-907 are formed from the old sec tion 631. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 66 3. In any plea of autrefois acquit or autrefois convict it shall be sufficient for the accused to state that he has been lawfully acquitted or convicted, as the case may be, of the offence charged in the count or counts to which such plea is pleaded, indicating the time and place of such acquittal, or conviction. (47). Sec. 907. Issue on pleas of autrefois acquit and autrefois convict. On the trial of an issue on a plea of autrefois acquit or autrefois convict to any count or counts, if it appear that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and that he might on the former trial, if all proper amendments had been made which might then have been made, have been convicted of all the offences of which he may be convicted on the count or counts to which such plea is pleaded, the court shall give judgment that he be discharged from such count or counts. 2. If it appear that the accused might on the former trial have been convicted of any offence of which he might be convicted on the count or counts to which such plea is pleaded, but that he may be convicted on any such count or counts of some offence or offences of which he could not have been convicted on the former trial, the court sha direct that he shall not be convicted on any such count or counts of any offence of which he might have been convicted on the former trial, but that he shall plead over as to the other offence or offences charged. (47). Sec. 632. Sec. 908. Evidence of identity of charges.-On the trial of an issue on a plea of autrefois acquit or autrefois convict the depositions transmitted to the court on the former trial, together with the judge's and official stenographer's notes if available, and the depositions transmitted to the court on the sub 2ND EDIT. REVISED STATUTES 1906 REMARKS sequent charge, shall be admissible in evidence to prove or disprove the identity of the charges. Slightly altered in the wording. In a case, in Nova Scotia, where the jury found a verdict of not guilty of shooting with intent and of not guilty of common assault, but guilty of unlawful wounding, (there being in the indictment several counts charging these offences), and a new trial was ordered, on a case reserved at the request of the accused, because of an irregularity occurring upon the trial, it was held that it was competent for the accused, upon the new trial to support a plea of "autrefois acquit" to the charge of unlawful wounding, by shewing that the charge was based on the identical acts of shooting which were the foundation for the other charges. (48). Sec. 633. Sec. 909. Indictment substantially charging same offence, with circumstances of aggravation; or manslaughter after murder, and vice versa. Sec. 634. Unchanged. Sec. 910. Plea of justification in libel case. (49). Sec. 911. Truth of alleged libel not proveable with plea of justification, unless accused is charged with publishing a libel knowing it to be false. (49). Sec. 912. Publication by order of legislative body. Stay of proceedings.-Every person against whom any criminal proceedings are commenced or prosecuted in any manner for or on account of or in respect of the publication of any report. paper, votes or proceedings, by such person or by his servant, by order or under the authority of any legislative council, legislative assembly or house of assembly, may submit to the court in which such proceedings are SO commenced or prosecuted, or before any judge of the same, upon twenty-four hours' notice of his intention so to do, to the prosecutor in such proceedings, or to his attorney or solicitor, a certificate under the hand of the speaker or clerk of such legislative council, legislative assembly or house (48) R. v. Hill, 7 Can. Cr. Cas., 38. (49) These two new sections, 910 and 911. are formed from the old section 634, without any alteration in meaning. 2ND EDIT. REVISED STATUTES 1906 REMARKS of assembly, as the case may be, verified by affidavit, stating that the report, paper, votes or proceedings, as the case may be, in respect whereof such criminal proceedings are commenced or prosecuted, was or were published by such person, or by his servant, by order or under the authority of the legislative council, legislative assembly or house of assembly, as the case may be. 2. Such court or judge shall, upon such certificate being so submitted, immediately stay such criminal proceedings, and the same shall thereupon be deemed finally ended, determined and superseded. (50). Sec. 913. In any criminal prosecution for or on account or in respect of the publication of any copy of such report, paper, votes or proceedings, the defendant may submit to the court or judge before which or whom such prosecution is pending a copy of such report, paper, votes or proceedings, verified by affidavit, and the court or judge shall immediately stay such criminal prosecution, and the same shall thereupon be deemed to be finally ended, determined and superseded. (50). Sec. 726. Sec. 914. Record of conviction or acquittal. Meaning unchanged. Sec. 725. Sec. 915. Form of record in any case of amendment. Unchanged. PROCEEDINGS IN CASE OF CORPORATIONS. Sec. 635. Sec. 916. Corporations may appear and plead by at torney. Unchanged. Sec. 636. Sec. 917. No certiorari, etc., necessary to remove indictment.. Unchanged. The case of the King vs. the Union Colliery Company, (cited at page 773 of the Author's second edition was affirmed in appeal, the holding being that although a Corporation cannot be guilty of manslaughter, it may be indicted for and be found guilty of having caused grievous bodily injury by omitting to maintain, in a safe condition, a bridge which it was its duty to maintain, and this notwithstanding that death ensued at once to (50) Taken from sections 6 and 7 of the R. S. C., 1886, c. 163, set forth in the Appendix to the old Criminal Code. |