CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 63

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

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R. V. Beecham

1921 3 K.B. p.464.

Counsel for D. puts his case

p.470

Summing up might have misled the jury.

De fence not put up with sufficient clearness.

Authorities.

R. v. Dinnick

3 C.A. p. 77.

Defence should be put fairly before the jury.

re "Alternative not to accept Eric Davies' evidence ".

63

R.

༥ ༠

Immer 13 C. A. p. 22.

Summing up must be read as a whole "Was the defence clearly stated"?

B.

V. Solvosky 1 C.^. p.99.

Stated matters which were not proved

R.

V. Bruhin 11 C. A. 276 and 277.

p14. 3rd. Admits caution

p.13 of summing up.

too strong.

Bruises not important evidence, except by reason of statement

made by Fraser.

R.

Davies

22 C. A. p. 24. p.24.

4. Identification by Mary Pine.

"It 'may' be no more than that".

is a misdirection it should be "can" be no

What else could it be.

more than that.

(b) Alternative of Eric Davies' evidence

pis

Small Point

p.14.

Admits 2 thrown in not fell in.

(c) It was suggested

p.6.

already dealt with.

The boy and girl thrown in by Mrs. F. we re

the boy and girl she saw rescued.

9.10.34

Resumed at 10 a.m.

in her opinion

Adjourned at.4.30 p.mn.

Coram Jacks and Hay den.

Lim/

R.

V.

Beecham

Misdirection by way of ommission.

Did J make a statement which removed from the minds of the

jury a statement made by Counsel.

Misdirection material.

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