R v L and M Joseph [1912] ZATPD 99 (9 September 1912)

Reported
Flynote

Criminal Law-Statutory ofjence-Indictment-Carry
on trade or business-Exposing goods for sale Exceptions-
Essential allegations in indictment-Act
13 of 1910, sec. 2 (1) .

Case summary

Sec. 2 (1) of .Act 13 of 1910 prohibits the carrying on of
any trade or business itpon ground held under mining
title except upon certain stands or sites. An
indictment under the section alleged that the accused
" sold or exposed goods for sale on ground held under
Mining title." Held, that ea:posing goods for sale
implied the carrying on of a trade or business and
that the indictment was good inasmuch as its language
was siclficiently close to that of the section.


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