CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 52

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Accused had picked her up and thrown her in the reference

to her neck in s.-up would not have been made.

Mr. Eras er

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I merely suggested that the marks on

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her neck may have been caused by Accd. throwing her in.

Mr. Lim refers to 4th. para. in summing up on p.14

R. v. Cohen 2 C.A.R. p.207. Submit that in this

case even with a correct direction the only reasonable &

proper verdict could not be one of guilty

Crown.

Theory of defence equally consistent with that of

Verdict would not have been the same had there not

had there not been the reference to

been misdirections,

the 2 Bruises on M.P.'s neck & the mention that the

alternative was not to accept the evidence of E. Davies

the verdict would have been one of not guilty.

13. Lim now comes to the question of Law

Deals with 1st. ground in (2) When C.J. in s.-up

said there were improbabilities on both sides it proves

that theory of defence was equally consistent with that

of Crown. P.15 of s.-up "you have got improbabilities

perhaps on both sides."

Where no case to go to Jury case should be with-

draw;

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R. V. Leach 2 C.A.R. 72 at p.73

Mr. Fraser - I don't contest the proposition that

if there was no case it should be withdrawn.

p.34.

Mr. Lim I am obliged. R. v. Wallace 23 C. A.R.

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Evidence in this case merely amounted to suspicion-

def ence equally consistent with case for prosecution.

R. V. Rufino 7 C.A.R. p.49. Case on all fours

with this case.

No direct evidence to shew that Accd. had thrown

other 3 children in.

Mr. Lim I shall now deal with ground No. 3 & return

afterwards to No.2.