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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