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s 233

Control of Supreme Court over summary convictions

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Part 9Appeals from the decisions of justices
Division 2General provisions

233 Control of Supreme Court over summary convictions

(1)

No person brought before the Supreme Court, or a judge thereof, on habeas corpus shall be discharged from custody by reason of any defect or error in a warrant of commitment of any justices exercising a summary jurisdiction, unless such justices, or 1 of them, and the prosecutor or other party interested in supporting the warrant have received reasonable and sufficient notice of the intention to apply for such discharge.

(2)

Such notice shall require them to transmit or cause to be transmitted to the court or judge the conviction or order (if any) on which the commitment was founded, together with the depositions and complaint (if any) intended to be relied on in support of such conviction or order, or certified copies thereof.

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