Supreme Court of Canada
Agostino v. The King, [1952] 1
S.C.R. 259
Date: 1951-12-17
Nick
Agostino Appellant;
and
His Majesty
The King Respondent.
1951: November 29, 30; 1951:
December 17.
ON APPEAL FROM THE COURT OF
APPEAL FOR BRITISH COLUMBIA.
Criminal law—Evidence—Sale of
drugs—Denial by accused—Proof of identification—Duty of Crown as to calling of
witnesses—Whether notice of appeal must be signed by the Attorney General—Power
of Court of Appeal to enter conviction—Opium and Narcotic Drug Act, 1929, S. of
C. 1929, c. 49—Criminal Code, ss. 1013(4), 1023(2).
The facts in this case were
similar to that of Lemay v. The King, reported in this volume at
page 232, with the exception that the sale was made by Agostino to Bunyk on the
street and that Powell, but not Lowes, was present on that occasion. The
members of the Court were the same, and for the reasons respectively given by
them in the Lemay case, dismissed the appeal (Cartwright J.,
dissenting in part, would have ordered a new trial).
J. Stevenson Hall for the
appellant.
Douglas McKay Brown for
the respondent.
Solicitor for the
appellant: H. T. Fitzsimmons.
Solicitor for the
respondent: Hon. Gordon S. Wismer.
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