926
No. 9 of 1899.
Conviction for misdemeanor although facts in evidence amount to felony.
[14 & 15 Viet. c. 100 s. 12.]
Proof of previous conviction.
[7 & 8 Geo. IV c. 28 s. 11.]
Proof of previous trial on trial for perjury. [14 & 15 Vict. c. 100 s. 22.]
CRIMINAL PROCEDURE.
offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence.
61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court thinks fit to discharge the jury from giving any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.
Proof of certain Matters.
62. Where an indictment contains a count charging the accused person with having been previously convicted, and it becomes necessary on the trial to prove such previous conviction, a copy of the conviction for the offence punishable on summary conviction or a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the indictable offence, as the case may be, purporting to be signed by the officer having the custody of the records of the Court where the offender was convicted, shall, on proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.
63. A certificate containing the substance and effect only (omitting the formal part) of the indictment and trial for any indictable offence, purporting to be signed by the Registrar, shall, on the trial of any indictment for perjury or subornation of perjury, be sufficient evidence of the trial of the said indictment, without proof of the signature or official character of the person appearing to have signed the same.
Proof of guilty knowledge on indictment for receiving property knowing it to be stolen.
64.-(1) On the trial of any person for having received property knowing it to be stolen or for having in his possession stolen property, evidence may be given that there was found in ...
* As amended by No. 1 of 1912.