C
-5-
If alternative theory possible and consistent with evidence
appellant was entitled to be aquitted.
Ve rdict unreasonable.
65
R.
V.
Bookbinder
20 C.A. p.60.
Similar to last.
B.
23 C.A. p.42 Guess work.
V.
Guerin
Brown
22
R.
る。
P. 139
Circumstances.
Judge should have discharged jury.
Discretion
R.
V. Lewis 2 C.A. p.180
Mary Pine's evidence the bridge ?
I say in the circumstances of the case. Has appellant had a fair
trial ?
Might
4.
Would jury have given a different verdict had they not
heard Counsel's opening remarks about Mary Pine's
evidence.
Evidence of Mrs. Fairburn wrongfully admitted and put to
jury.
On ground
That Cr. had not put forward a prima facie case
similar acts. Evidence of similar acts not
admissable, until prima facie case made out.
R. V. Smith 11 C. A. 229 Judgment p.237.
Appellant's case
Adjourned at 12.30 to 2.15.
Resumed at 2.30.
Fraser for the Crown.
quotes Mary Pine's depositions.
D. threw me in. He threw the others in too.
Only two statements not borne out by evidence.
Not contradicted,
in front
Mary was behind deft. in nullah and could only
have seen him on the bridge.
Law 3 heads. Facts 2 #
Wille 5th Edition p.276/8.
Cap 7. Circumstantial evidence. 6th Edition 343.
Verdict against weight of evidence. Hailsham IX p.27 para.401.
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