Supreme Court of Canada

R. v. Burdick, [1980] 2 S.C.R. 1056

Date: 1980-03-20

Her Majesty The Queen (Plaintiff) Appellant;

and

Terry Francis Burdick (Defendant) Respondent.

1980: March 20.

Present: Laskin C.J. and Ritchie, Dickson, Beetz, Estey, McIntyre and Chouinard JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Appeal—Appeal quashed as having been abandoned—No supportable application by appellant for an order otherwise—Criminal Code, R.S.C 1970, c. C-34, s. 623(2).

Criminal law—Accused charged with murder—Circumstantial evidence—Directions to jury—Criminal Code, R.S.C. 1970, c. C-34, s. 623(2).

APPEAL from a decision of the Court of Appeal for Ontario[^1], allowing an appeal from conviction.

David Watt, for the appellant.

Robert C. Carter, Q.C., and Alec Fiszauf, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—Appeal quashed as an abandoned appeal under Criminal Code, s. 623(2), the Crown appellant having been invited to apply for an order otherwise and being unable to make a supportable application.

Judgment accordingly.

Solicitor for the appellant: David Watt, Toronto.

Solicitors for the respondent: Carter & Powell, Toronto.

[^1]: (1975), 1975 (ON CA), 27 C.C.C. (2d) 497.