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1951 MarsdenLR 4

JUDGMENT

Brown A-G CJ:

The facts and arguments appear sufficiently from the judgment.

The two appellants were convicted under s. 4(c) of the Common Gaming Houses Ordinance of assisting in carrying on a public lottery. The evidence was that in the course of a Police raid a third accused person was arrested with 50 slips of paper in her hand. These had writing on them, and were put in evidence as Exh. P3. She was arrested on a staircase leading to the first floor. And in a room on the first floor the two appellants were found seated at a table with pencils in their hands. On the table in front of them were four pieces of paper. Each document was divided into 144 squares, and in each square several numbers were written in pencil. A fifth piece of paper was also on the table. It too was divided into squares containing Chinese characters and symbols. These five documents were put in evidence collectively as Exh. P4.

The question was whether Exh. P4 included any "account, memorandum or record of stakes or wagers in or relating to a lottery", so as to raise the presumption contained in s. 9 of the Ordinance. Upon this question the prosecution called as an expert witness a Police offi

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