Downie v. The Queen

Downie v. The Queen

Negative averments in the indictment were sufficiently particular to authorise the prosecution to prove special facts to establish the falsity of the sworn answers; the evidence admitted was relevant and properly receivable; and, in any event, a general guilty verdict on the count must be sustained because other...

Source-derived case information.

Citation
(1888) 15 SCR 358
Parties
Appellant/defendant: Donald Downie; Respondent/prosecution: The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 June 1888
Procedural Posture
Criminal Perjury / Appeal to Supreme Court of Canada on Reserved Question Under R.s.c. Ch.174 S.259 (appeal From Court of Queen's Bench)
Outcome
Appeal dismissed; conviction on second count affirmed
Legal Topics
Perjury, Admissibility of Evidence, Negative Averments, Sufficiency of Indictment, General Verdicts
Source Language
english
Criminal Law Evidence Pleading Perjury Admissibility of Evidence Negative Averments Sufficiency of Indictment General Verdicts

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Parties

Donald Downie

Appellant/defendant

The Queen

Respondent/prosecution

Procedural Posture

Criminal Perjury / Appeal to Supreme Court of Canada on Reserved Question Under R.s.c. Ch.174 S.259 (appeal From Court of Queen's Bench)

Legal Issues

  1. 1 Whether negative averments in an indictment for perjury sufficiently authorise proof of special facts not specifically alleged
  2. 2 Whether admission of such evidence, if improper, requires setting aside a general guilty verdict when other properly proved charges exist in same count
  3. 3 Whether the indictment was void for vagueness and subject to demurrer or arrest of judgment

Ratio Decidendi

Negative averments in the indictment were sufficiently particular to authorise the prosecution to prove special facts to establish the falsity of the sworn answers; the evidence admitted was relevant and properly receivable; and, in any event, a general guilty verdict on the count must be sustained because other assignments in the same count were properly proved; accordingly the conviction was affirmed.

Court Disposition

Appeal dismissed; conviction on second count affirmed

Orders

  • Appeal dismissed without costs
  • Conviction on second count affirmed