R. v. Bird, (1979) 2 Man.R.(2d) 353 (CA)

• Judge: Freedman, C.J.M., Monnin and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 12, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 353 (CA)

R. v. Bird (1979), 2 Man.R.(2d) 353 (CA)

MLB headnote and full text

R. v. Bird

Indexed As: R. v. Bird

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Huband, JJ.A.

December 12, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4357

Procedure - Charge or directions to jury - Defences and theory of defence - The accused was charged with murder of his father - The accused, who was intoxicated, shot his father in circumstances of some provocation by the father - The accused pleaded that the shooting was an accident - The jury convicted the accused of manslaughter - The Manitoba Court of Appeal dismissed the accused's appeal from conviction and held that the defence of accident was adequately put to the jury.

Note: The judgment of the Manitoba Court of Appeal on accused's appeal from sentence is reported following this case.

Counsel:

J.G. Dangerfield, for the respondent;

R.J. Wolson and S.Z. Katz, for the accused/appellant.

This case was heard on December 3, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 12, 1979, FREEDMAN, C.J.M., delivered the following judgment for the Court of Appeal: