Criminal Procedure.
[CAP. 221
as a witness shall not of itself confer on the prosecution the right of reply.
wife or
ibid s. 4.
Second
58. (1) The wife or husband of a person charged with
Calling of an offence under any enactment mentioned in the Second
husband. Schedule may be called as a witness either for the prosecu-
tion or defence and without the consent of the person
Schedule. charged.
(2) Nothing in section 55 shall affect a case where the
wife or husband of a person charged with an offence may
at common law be called as a witness without the consent
of that person.
14 of 1906, s. 5.
61 & 62 Vict.
59. Sections 55 to 58 shall apply to all criminal
Application. proceedings, notwithstanding any other provision in
force at the time of their enactment.
c. 36, s. 6.
14 of 1906, s. 6.
of accused
60. If on a trial by jury of a person accused of an
Statements offence, a statement alleged to have been made by such
persons. accused person is admitted in evidence, all evidence relating
45 of 1949, s. 2. to the circumstances in which the alleged statement was
made shall be admissible for the purpose of enabling the
jury to decide upon the weight (if any) to be given to the
statement; and, if any such evidence has been taken in the
absence of the jury before the admission of the statement,
the Crown and such accused person shall have the right to
have any such evidence retaken in the presence of the jury.
[55
Conviction for offence other than that charged.
for wounding
for felonious
14 & 15 Vict.
61. If, on any trial for any felony, except murder or
Conviction manslaughter, where the indictment alleges that the
on indictment accused person did cut, stab, or wound any person, the
wounding. jury are satisfied that the accused person is guilty of the
c. 19, s. 5. cutting, stabbing, or wounding charged in the indictment,
but are not satisfied that he is guilty of the felony charged
in the indictment, then and in every such case the jury
may acquit the accused person of such felony and find him
guilty of unlawful cutting, stabbing, or wounding, 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 the misdemeanor of cutting, stabbing, or
wounding.
[57
157