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REX v. BABA


REX v. BABA.

REX v. BABA.

Evidence Ordinance, ss. 57, 60-Right of counsel to read to the jury opinions of experts expressed in a treatise, after intimating to the Judge that he would not call evidence for the accused-Procedure.

Where, in a trial for murder, after the case for the prosecution had been closed, the counsel for the accused intimated to the Court that no evidence would be called for the defence, bat in addressing the jury announced his intention to read from Taylor's Medical Jurisprudence certain 'opinions expressed therein relative to homicidal mania,-

Held, that the ruling of the presiding Judge, that the counsel had then no right, under section 60 of the Evidence Ordinance, to read the extracts which he had in view, was correct.

Moncreiff, A.C.J.-If the learned counsel had produced the book in Court in the course of the case for the prosecution, or by way of evidence, or had put the passages he desired to quote to the medical witness while he was in the box, or in any other way had done what in the meaning of the Evidence Ordinance would amount to production, he would have been in order.

Wendt, J.-If the counsel for the accused had intimated his int

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