Bridge v. Eggett

[19281 FRANCIS HILL .........................

APPELLANT; *Feb.

AND

*Feb. 14.

HIS MAJESTY THE KING...........RESPONDENT. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO

The First Divisional Court of the Appellate Division of the Supreme Court of Ontario is, in relation to the Second Divisional Court, an "other court of appeal" within the meaning of s. 1025 of the Cr. Code, R.S.C. 1927, c. 36.

The judgment of the Second Divisional Court (33 O.W.N. 301) dismissing an appeal from a conviction on a charge of rape, which conviction was attacked on the ground of error in the charge to the jury, was held not to be in conflict with the judgment of the First Divisional Court in R. v. Hall (31 O.W.N. 451) or with the judgment of this Court in Brooks v. The King ([19271 S.C.R. 633), neither of them being "a like case" (Cr. Code, s. 1025) to that in question; and a motion for leave to appeal to this Court was refused. MOTION for leave to appeal to this Court from the judgment of the Second Divisional Court of the Appellate Division of the Supreme Court of Ontario (1) dismissing the accused's appeal from his conviction on a charge of rape. The motion was made on the ground that the judgment sought to be appealed from conflicts with the judgment of the First Divisional Court of the said Appellate Division in Rex v. Hall (2) and with the judgment of the Supreme Court of Canada in Brooks v. The King (3). The material facts of the case are sufficiently stated in the judgment now reported. The motion was dismissed.

L. P. Sherwood for the motion.

A. W. Rogers contra.

J. in chambers.

(1) (1928) 33 O.W.N. 301.

(2) (1927) 31 O.W.N. 451. (3) [1927] S.C.R. 633.