}

-12-

Submit no misdirection

no ground to interfere with

conviction.

59

CCURT ADJOURNED TO 2.30 F., CN 12.10.34

James J. Hayden.

11.10.34

12/10/34

2.30 P..

Same Counsel & Solicitors (Appellant not present).

1. Lim addresses Ct. in reply.

re Lisdirection as to 2 bruises on p.14 of 9.-up para.

11

3?

p.13 "It may be no more

?

19

9

a

#

#1

than that.

p.15 "The alternative is

not to accept at the moment E. Davies' evidence.

As to Law,

2 C.A.R. 207 R.v. Cohen

7 C.A.R.

4

A

R. V.

alison

1 C.A.R.

234

-

R. V.

Lucas

5 C.A.R.

193

A

R. v. Loates

11 C.A.R.

166

R. V.

Kurash. Refers to lines 33-36

on p.169

23 C. A.R.

190

- R. v. Morrissey.

20 C.A.R

162

R. v. Driscoll.

Deals with His-direction 2(a)

re rounds of law re grounds 1, 2 & 3.

There case equally consistent with innocence case

should be withdrawn from Jury.

Where whole of evidence equally consistent with guilt

or innocence case should be withdrawn.

ce.

9 Halsbury 449.

Last ground re admissibility of Irs. Fairburn's eviden-

trial.

3 C.A.R. 259 R. v. Payne re no objection taken at

14 C.A.R.

R. v. Sanders.

s case as

Did not raise objection at close of Crown

taken by surprise when told Mary P. was not going to give

evidence.

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