PEARY Vs. EMPEROR

JUDGEMENT

(1.) This matter comes before us upon an application to review the case, a certificate having been given by the learned Advocate-General in pursuance of Clause 26 of the Letters Patent.

(2.) The case was tried before my learned brother Mr. Justice Fletcher and a Jury at the Criminal Sessions and it resulted in the conviction of both the accused.

(3.) There were many grounds stated in the application to the learned Advocate-General, but after hearing the argument of the learned Counsel for the accused who, in my opinion, put the case very clearly and concisely on behalf of his clients and. after reading the note which has been made by the learned Judge who tried the case, the matter resolved itself into two points: first, it alleged that certain material and important points in support of the case for the defence had not been put before the Jury by the learned Judge and secondly, that sufficient distinction had not bean made between the cases of the two accused persons.