Supreme Court of Canada
Duncan v. The King, [1945] S.C.R. 748
Date: 1945-06-04
Duncan v. The King
1945: May 28; 1945: June 4.
Present: Rinfret C.J. and
Kerwin, Hudson, Taschereau and Estey JJ.
ON APPEAL FROM THE COURT OF
APPEAL FOR BRITISH COLUMBIA
Criminal law—Dismissal by
Court of Appeal of accused's appeal from conviction of theft—Dissenting opinion
in that Court that there was no evidence to support conviction—Appeal to this
Court dismissed.
APPEAL by the accused from the
judgment of the Court of Appeal for British
Columbia dismissing (O'Halloran J.A. dissenting) his appeal
from his conviction of unlawfully stealing a number of panel boxes and
switches.
D. J. McAlpine for the
appellant.
L. W. Brockington K.C. and
G. F. Henderson for the respondent.
THE COURT.—Assuming that the
ground of Mr. Justice O'Halloran's dissenting opinion is that there was no
evidence whatever upon which the Magistrate could convict and that,
consequently, this Court has jurisdiction in the premises, we are clearly of
opinion that there was evidence here on which the Magistrate could find that
the accused was guilty.
Therefore, the appeal should be
dismissed.
Appeal dismissed.
Solicitor for the
appellant: D. J. McAlpine.
Solicitor for the
respondent: E. A. Dickie.
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