Mason v. Scott

the sums payable under the terms of a certain written agreement under seal, on the ground that the parties had MASO subsequently substituted a certain oral agreement for the S said written agreement relied on by the plaintiff.

On appeal to the Supreme Court of Canada, after hearing the arguments of counsel, this Court reserved judgment, and on a subsequent day delivered judgment allowing the appeal with costs throughout. Written reasons were delivered by Lamont J., with whom the other members of the Court concurred. These reasons, after discussing the evidence at length, concludes that the evidence does not justify a finding that the parties substituted an oral agreement for the original written one.

D. K. MacTavish and H.

APPELLANT; AND

* Feb. 18, 19. Mar. HIS MAJESTY THE KING............RESPONDENT. ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA in banco.

Criminal law-Murder-Evidence by accised-Whether voluntary-Evidence by police officers in rebuttal-Lack of warning-Whether evidence admissible-Prejudicial to accused-Substantial wrong-Miscarriage of justice-New trial-Charge to jury-Misdirection-Section 1014 Cr. C.

The appellant was convicted of murder. Evidence was given at the trial that in the middle of the night, one day after the murder, the accused was removed from his cell and, escorted by three police officers, was taken out a road in search of the revolver that shot the victim. The accused was cross-examined on the incidents of that trip and one police officer testified in rebuttal as to the course of conduct and the conversation of the accused on that occasion.

Held that there should be a new trial. Under the circumstances of the case, such evidence was inadmissible in the absence of proof that the statements made by the accused were voluntary and upon proper warning; and the curative effect of section 1014 (2) of the Criminal PRESENT:-Duff C.J. and Lamont, Cannon and Davis JJ. and Dysart J. ad hoc.

S.C.R.]