The code of criminal procedure, being Act V of 1898; a commentary with notes containing references to all reported cases and orders issued by the ... and all local governments and high courts

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...deemed proper to do so, in the presence of the accused, who would be present.0 If a Sessions Judge should desire to visit the scene of the alleged occurrence of the offence under trial, he should give notice to the parties and should proceed thither with the assessors nnd not after they have delivered their opinions and the case has closed and awaits delivery of the judgment. Where this course had been taken, it was declared to be ill-advised and to be altogether without any authority.f 294-If a juror or assessor is personally acquainted with when jm-or or assessor »ny relevant fact, it is his duty to inform the may be examined. Judge that such is the case, whereupon he may be sworn, examined, cross-examined and re-examined in the same manner as any other witness. The term "relevant fact" used here is to be found throughout the Evidence Act; see Ss. bet seq. which declares what are relevant facts. In the same way the Judge can be examined as a witness in a trial held before himself. It was remarked by Norman, J.:--No doubt it is extremely inconvenient that a Judge, sitting without a jury, should try a case in which he himself is the complainant and principal witness. I should have no doubt that if he has any personal or pecuniary interest in the subject of the charge, he ia disqualified.from trying it. But if that is not the case, if the Judge, in mailing the complaint, has acted merely in discharge of his duty as a public officer, I think we must say he is not incompetent to try the case." In the same case, after citing the English cases, it was said: " I think it retty clear that a person has a right to ask to have the evidence of the Sessions udge, who is trying him, taken on a point which he thinks makes in his favour." s 2...