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80

We do not consider that it is necessary to deal in

detail with the remaining points of alleged misdirection

which were added after the hearing of this appeal commenced,

and which have been referred to as (a), (b) & (c) above,

for we are satisfied that they are devoid of substance.

In a very lengthy Summing Up it is easy to pick out

a word here or a phrase there for criticism but we have

felt no difficulty in coming to a conclusion that there was

no misdirection on any of these points, and we are satisfied

that the manner in which the case was left to the Jury was

eminently fair in every respect.

The appeal must therefore be dismissed.

We have confined our attention to the points at

isaue put before us and do not desire that our decision

should in any way affect the strong recommendation for

mercy made by the Jury at the conclusion of the trial.

Dated this

18=-=

day

of

OCTOBER,

(Signed)

Prilep Jacks.

President.

(beynin) James & Day dow

Judge.

1934.

Page 80Page 81

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