The point raised by counsel for the accused at the conclusion of the crown’s case to the effect that no case against the accused had been established, apart from Ex. P.1 which such counsel contended was not admissible not having been voluntary, raises one of those difficult points considered in Rex v. Morabito 1949 CanLII 1 (SCC), [1949] SCR 172, 7 CR 88. However in the case at bar there is some evidence apart from Ex. P.1 to the effect that the accused was the driver of the car (evidence that he had applied the brakes) and therefore the evidence did not permit dismissal of the crown’s case at that stage of the proceedings.
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