CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 62

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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? Facts equally consistent with innocence as with guilt.

A. Fraser statemts. agreed.

Bruises on Pary Pine 's neck p.13 summing up.

Standing on rail easier to be pushed over

J's warning admitted.

Mischief done in spite.

p.6. Summing up "There was no sign of the accused".

?

Evidence of C.J.'s summing up influenced by opening

statement.

p.13 "Considerable importance" misleading.

Þ 14.

62

The bruises might have been inflicted.by people trying to

save her. (but all this only relates to Mary Pine).

þ13. (a) p.12 Surming up Mary Pine's identification.

Mischief Cannot be cured.

Roscoe Criminal Evidence p.121. 15th Edition.

Dibble's case 1 C.C.A. 155.

Lach case on its own merits.

R.

V.

Hodge p.228 Vol.II Lewin's Crown Cases.

Roscoe p.874.

Re sumed at 2.30.

Adjourned at 12.30.

R.

V. Stoddart

2 C.A. p.244

R.

V.

Barron

9 C.A. p. 238

8 C. A. p.49

R.

V. Hemingway

Submits statements made by Crown Counsel

? Would the jury have returned the same verdict had they not

heard these statements.

R. v. Morrissey 23 C.A. p.190

XX

Judge 's warning of little avail.

2nd point. The children might have fallen in whilst throwing

stones or the three children might have gone down by the steps

and been washed away.

urs.F.not xxd. on whether the saw boy and girl thrown in.

I accepted Mrs. Fairburn's evidence that 2 were thrown in.

Defendant heard scream and dropped children into nullah

misunderstanding their meaning.

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