The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We do not need to hear you in reply, Mr. Gale. We agree with Mr. Justice Cooper and, accordingly, this appeal is allowed, the judgment of the Nova Scotia Appeal Division is set aside and the conviction is restored.
Appeal allowed, conviction restored.
Solicitor for the appellant: Graham W. Stewart, Halifax.
Solicitors for the respondent: Claman, Dietrich & Cohen, Halifax.
Footnotes
- [1] (1975), 10 N.S.R. (2d) 348.