CO129-541-11 Cheng Kwok Yau- trial judge's notes 1-1-1932 - 31-12-1932 — Page 43

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To apply the doctrine to the present ease.

transaction under inquiry is the murder of George Fung.

The story of the transaction commenced from the desertion

of the accused by Lai Ming Fai and culminated in the death

of George Fung. The conduct of the accused during this

interval of time is an incident of this event. Any person

listening to the narrative told by the witnesses, so far as

the evidence has been received without question, would

naturally inquire "Between the abortive attempt by his

chauffeur's agents on the 19th March to murder Fung and their

successful attempt with his chauffeur's support upon the

24th March, what was the accused himself doing in the

Without this evidence the story, to use the

The evidence

mean time?".

word I have suggested, would be "incomplete".

comes under Stephen's classification "Evidence deemed to be

relevant tow the iɛsue".

It is one piece of the puzzle which

the jury are entitled to handle and fit into the who e to

the best of their ability.

It is not necessary to emphasize the fact that the

prosecution is not debarred fmm telling the whole story of

the prisoner's doings merely because it includes other of

his criminal acts not specially charged in the indictment.

(Russell Crimes" 7th Edn. p.2011 cited above).

The same

remark plies to all evidence adduced whether strictly

relevant or merely deemed to be so.

However, the argument for the Grow before us has

been directed to showing the strict relevancy of this

evidence to the main issue, whether the facts are to be

included in one transaction with the charge laid in the

indictment, or not; and in my view this contention will

also prevail.

This i a ease of criminal homicide. The Crown

alleges that the accused through Lau murdered Fung. fae

facfs in issue whichthe Crown must prove are four in number.

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