[IN THE PRIVY COUNCIL.]

1936 Present : Lord Roche, Sir John Wallis, and

Sir George Rankin.

ALISANDIRI v. THE KING.

 Dying declaration-Evidence of signs made by person unable to speak-Nod of assent to question-Verbal statement-Evidence Ordinance, s. 32 (1).

Where a nod of assent was given by a person, who was unable to speak, to a question whether it was the accused that cut her neck,-

Held, that there was sufficient evidence of a verbal statement by the deceased within the meaning of section 32 (1) of the Evidence Ordinance.

Held, further, that evidence as to signs made in answer to questions put to the deceased was admissible but statements of witnesses as to what interpretation they put upon the signs were inadmissible.

Where apart from the evidence proceeding from the deceased woman, the other evidence was not sufficient to warrant a conviction but at the same time that other evidence was not merely consistent with the deceased's statement but pointed in the same direction,-

Held, that the conviction was justified.

THIS was an application for special leave to appeal against a judgment and sentence of the Supreme Court.

L. M.