Canadian Criminal Procedure As the Same Relates to Preliminary Hearings Summar

Cover Canadian Criminal Procedure As the Same Relates to Preliminary Hearings Summar
Canadian Criminal Procedure As the Same Relates to Preliminary Hearings Summar
T Mayne Thomas Mayne Daly
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2), (1901) 5 C. C. C. 272. Attempt to carnally know girl under 14, R. V. DeWolfe, (1904) 9 C. C. C. 38. Attempt to commit rape, assault with intend to commit rape, R. V. Preston, (1905) 9 C. C. C. 201. Attempt to obtain money by false pre- tences. R. V. Lyons (No. 1), 16 C. C. C. 152.
Attempt to steal. R. V. Montgomery, 19 C. C. C. 233.
Is an " assault with intent to commit rape " an attempt to commit the felony charged within the meaning of section 183, B. S. C. Ch. 174 (now sec. 949 Criminal
...Code) ? " I am of the opinion that, prima facie, unless there is some enactment shewing a contrary intention and therefore calling for a narrower construc- tion of section 183, that it clearly is so. This opinion is founded on the consideration that an indictment for the common law mis- demeanour of an attempt to commit a felony always alleged the particular overt act of which the attempt consisted, and, further, that, inasmuch as an attempt to commit a crime is, as Mr. Justice Stephens defines it (Stephens' Digest Criminal Law, 4th ed.

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