Scully Case Finally Disposed Of, Daily Racing Form, 1914-02-26


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SCULLY CASE FINALLY DISPOSED OF. Toronto. Out.. February 25. The Appellate Division by a judgment given yesterday cut short the apneal of John Scully from the dismissal of the prosecution against W. P. Eraser, secretary of the Ontario Jockey Club, on the charge laid by Scully that tho parl-niutuel machines operated at the Woodbine luce track constituted a lottery. The court holds that as be did not himself conduct the prosecution at the trial, Scully has no status under the statutes to take the case to appeal. Tho judgment says: "As applied to tills Province the expressiou prosecutor means the Crown where the prosecution is conducted at the trial by the law officers of the Crown or Crown Attorney, and means private prosecutor where the prosecution is conducted by or on his behalf."

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