-S.
16 C.A.R.
149
R. v. Armstrong.
56
Submit that apart
from the evidence of Mrs. F. a prima facie case was
made out agnst. Accd.
R. v. Smith (supra) decided on different point.
Fart of Irs. F's evidence could not be excluded in any
event. Case for Crown without the evidence of rs. F.
as to throwing the other 2 children in would be the same.
lrs. F's evidence has no reference to similar
acts but part of same transaction.
13 Halsbury p.566. Mrs. F's evidence re conduct
""contemporaneous with"
7th Phipson p.170 heading similar facts to rebut
accident etc.
8th Ed. Russell on Crimes p.145
F.2 of Summing Up 2nd last para. re warning.
ww
3 C.A.R. p.259 R. v. Fayne.
Objection to this
evidence could have been taken at the trial none tak en.
14 C.A.R. p.9 R. V. Sanders.
20 C.A.R. p.44 R. v. Cairns.
Mr. Fraser now deals with question of Fact re No.1
refers to Roscoe (15th Ed.) p.297 under heading
"inadmissible evidence."
also to 121 relates to
evidence whereas this was a mere statement made by
Counsel for the prosecution.
Kust the minds of the
Jury be influenced or were there other points on which
they could convict. R. v. Lucas 1 C.A.R. 234. In
this case there was accidental mention of these facts &
the Jury warned.
3 C.A.R. R. v. Stratton p. 255.
Bertha R. v./Sullivant 265.
+
3 C.A.R.
4 C.A.R.
2. v.
Jacob Richman 243
5 C.A.R.
www
R.
V.
Loat es
193.
7 C.A.R.
11 A.R.
20 C.A.R.
R. V.
Stroud 38.
R. v. Kurash 169.
- R. v. Driscoll & others 162. *state-
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