R. v. Cloutier (R.) and Gauvreau (G.), [1966] N.B. Law News No. 31 (CA)

• Judge: Ritchie, West and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 19, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 31 (CA)

R. v. Cloutier (R.), [1966] N.B. Law News No. 31 (CA)

MLB Law News

Her Majesty The Queen (respondent) v. Robert Cloutier and Gaston Gauvreau (defendants) (appellants)

(Archives RS43/1966)

Indexed As: R. v. Cloutier (R.) and Gauvreau (G.)

New Brunswick Supreme Court

Appeal Division

Ritchie, West and Limerick, JJ.A.

April 19, 1966.

Summary:

Break & Entry - Weight of Evidence - Appeal dismissed from a conviction of breaking and entering with intent to commit an indictable offence. Appellants found by a police constable on a Sunday in a fur store. Appellants stated they entered for purpose of urinating. Lock on door to furriers had been forced open. Held that there existed sufficient evidence upon which a jury could find the appellants guilty.

Criminal Law - Topic 1802

Offences against property - Breaking and entering - Intention to commit an "offence therein" - See paragraphs 1 to 9.

Counsel:

R.D. Mitton, Q.C., for the accused;

E.D. Westhaver, for the Crown.

This appeal was heard before Ritchie, West and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Limerick, J.A., delivered the following decision for the court on April 19, 1966.