Supreme Court Judgments

Decision Information

Decision Content

Supreme Court of Canada

Criminal law—Inmate of penitentiary striking instructor and thereby causing his death—Charge of murder punishable by death—Defence of insanity—Appeal against conviction dismissed by Court of Appeal—Issue as to adequacy of trial judge’s charge to jury—Conviction quashed and new trial ordered by Supreme Court.

APPEAL from a judgment of the Court of Appeal for Manitoba dismissing appellant’s appeal against his conviction on a charge of murder punishable by death. Appeal allowed.

D. Margolis, for the appellant.

J.D. Montgomery, Q.C., for the respondent.

THE CHIEF JUSTICE (orally for the Court)—Having heard the submissions on behalf of the appellant and in view of the concessions made by counsel for the Crown, we are all of the opinion that the appeal should be allowed, the conviction quashed and a new trial directed.

Judgment accordingly.

Solicitors for the appellant: Margolis, Gould & Assoc, Winnipeg.

Solicitor for the respondent: Attorney General for Manitoba.


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