Ead v. The King

Ead v. The King

The phrase 'during the trial' in Criminal Code s.1014(3) is confined to the period ending with the jury's verdict; because the application to reserve a case was made after verdict it was not competent under that subsection and the appeal on that ground must be dismissed.

Citation
(1908) 40 SCR 272
Parties
Appellant: Thomas Ead; Respondent: His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1908
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia on a Reserved Case
Outcome
Appeal dismissed
Legal Topics
Forgery, Reserved Case, Indictment Sufficiency, Interpretation of 'during the Trial', Criminal Code S.1014(3)
Source Language
English
Criminal Law Procedure Appeal Forgery Reserved Case Indictment Sufficiency Interpretation of 'during the Trial' Criminal Code S.1014(3)

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Parties

Thomas Ead

Appellant

His Majesty The King

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia on a Reserved Case

Legal Issues

  1. 1 Whether an application under Criminal Code s.1014(3) may be made after verdict or whether 'during the trial' ends with the verdict
  2. 2 Whether the instrument signed (a blank promissory form) constituted a promissory note such that conviction for forgery was supported by the evidence

Ratio Decidendi

The phrase 'during the trial' in Criminal Code s.1014(3) is confined to the period ending with the jury's verdict; because the application to reserve a case was made after verdict it was not competent under that subsection and the appeal on that ground must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Conviction and three year sentence affirmed