24
To Kemp.C.J I say that the evidence is admissible on
this ground, among others, that it was corroborative
evidence.
Potter: I can see no gr und for the admission of the
evidence except that it was on an issue raised by the
defence. It was corroborative evidence. Zimmern and
Christie's evidence was offered as original evidence.
Kemp.C.J How can the fact that it is corroboration
make evidence admissible unless it is itself admissible?
Poster: There is no special defence raised which would
let in the Zimmern and Christie evidence. The gap to be
bridged here is the agency of Lau. In H. v. Armstrong
the evidence was not used to bridge the gap, but to
negative innocent possession. Similarly in Seddon's Case.
In Smith's Case the evidence was used to negative accident.
If the evidence is inadmissible the conviction
must be quashed.
To food F.J: The fact that part of the Zimmern and
Christie evidence is admissible does not let in the
other evidence as introductory.
not introductory.
That evidence
10 e.a.
C. A. V.
Monday, 12th Beute ber, 1932.
Sheldon and Lindsell for the Crown.
Lim for the "risoner.
Written judgments delivered aflirming the
conviction.
Limi
Conviction affirmed.
As we intend to apply to the Privy Council I ask if
the court will state its opinion that this is a 560 of