Horst H. Dahlem

The appellants appealed their convictions for operating a broadcasting undertaking contrary to the Radio Act and the Broadcasting Act.

The Supreme Court of Canada dismissed the appeal from the bench, adopting the reasons of the Saskatchewan Court of Appeal.

The appellant's committal for trial was quashed before plea.

The Crown appealed but was unable to effect service, so the Attorney General preferred a direct indictment.

The trial judge dismissed the indictment on a plea of autrefois acquit.

The Court of Appeal allowed the Crown's appeal.

The Supreme Court of Canada dismissed the accused's appeal, holding that he was never in jeopardy on the first indictment and therefore not entitled to the plea of autrefois acquit.