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wrongfully admitted and put to the Jury.
b. Questions of facts for which leave to appeal, was
granted by the Full Court at the hearing of the
Appeal.
1. That there was a miscarriage of justice in
that the statement as to Mary Pine's evidence in
the Crown's opening seriously prejudiced the
defence.
11.
Misdirection.
(a) That the learned Trial Judge did not with
sufficient clearness state to the jury what the
main defence was, namely, that one or more of the
three children other than those seen by Mrs.
Fairburn were either playing in the nullah or
accidently fell over into the nullah while throw-
ing stones.
(b) That the learned Trial Judge misdirected the
Jury in his Summing Up with reference to "the two
tt
bruises on Mary Pine's neck. (p.14 of Summing Up).
He also alleged misdirection on other points, viz.
(a) The identification by Mary Pine when he said
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"It may be no more than that. (p.13 of the
Summing Up).
(b) "The alternative is not to accept at the
moment Eric Davis's evidence." (p.15 of the
Summing Up).
(c) The statement "It was suggested to you
Gentlemen that the girl and the boy whom Mrs.
Fairburn saw thrown over were Fay Bromley and
Tony Flood." (p.8 of the Summing Up).
11. That your Petitioner's appeal was heard by the
two Acting Puisne Juages, Mr. Philip Jacks and James Joseph
Hayden on the 8th and 9th days of October 1934 and that on the
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