570
No. 9 of 1899.
CRIMINAL PROCEDURE.
Conviction for misdemeanor although facts in evidence amount to felony.
14 & 15 Vict. c. 100, s. 12.
Proof of previous conviction.
7 & 8 Geo. 4, c. 28, s. 11.
Proof on trial of plea of autrefois convict or acquit.
Procedure where person is committed for trial 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.
[ss. 63 and 64, rep. Law Revision Ordinance, 1937.]
65. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on summary conviction.
66.—(1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be remitted to a
570
No. 9 of 1899. ·
CRIMINAL PROCEDURE.
Conviction for mis- demeanor
although facts in evidence amount to felony.
14 & 15 Vict. c. 100, s. 12.
Proof of previous conviction.
7 & 8 Geo. 4,
c. 28, s. 11.
Proof on trial of plea of autrefois convict or acquit.
Procedure where person is committed for trial
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 convic- tion, 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, purport- ing 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.
[ss. 63 and 64, rep. Law Revision Ordinance, 1937.]
65. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on summary conviction.
66.—(1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be remitted to a
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