1.,
-12-
the jury from a verdict of "not guilty" to "guilty".
Bo
V.
El ls om Would the jury have returned the same verdict.
Misdirection with reference to Mary Pine's evidence
sed? warning repeated.
? effect of judge's warning.
Lucas 1 C.A. p.234.
Loates 5 C. A. p.193.
72
Courage 11 C.A. p.166.
Morrissey 23 C.A. p. 190 Evidence of other offences stronger.
Driscoll's case 20 C.A. p.161.
No warning therefore no reminder.
Submits that jury cannot get rid of the impression created
by Counsel's opening for Crown notwithstanding repeated
warnings.
But counsel's remark was general.
Verdict against weight of evidence.
No case to go to jury.
Mrs.Fairburn's evidence.
Judgment reserved.
4.10 p.m.
Adjourned sine die.
18. 10.34
Appeal No.1 of 1934.
Coram Jacka and Hayden.
Counsel Fraser and Lim.
unanimous
J delivers the written/judgment of the Court dismissing the
appeal.