An Indian's Failure to Secure Reversal of Magistrate's Sentence: Law and Fact 'An interesting appeal case, the first of its kind, came up for hearing before Sir Skinner Turner in the British Supreme Court, on Thursday, when Mr. P. W. Goldring, on behalf of Jewan Khan, arked. leave to appeal against a' sentence of three months' hard Inbour imposed by Mr. D. R, Cooke in the Police Court on a charge of larceny. Mr. 'ET, Maitland represented the acting Crown Advocate.
Mr. Goldring mentioned that this was the first case of a criminal appeal under the new Order-in-Council, He submitted that there ever should have been a conviction in the case, that a judge never would have allowed the case to a jury and that there was. direction on the part of the Magi twate, He admitted that there was a very slight borderline between the questions of fact and law.
The Iudge—There is nothing! freak in the new Order-in-Council yave the constitution of the Full Court. The whole of the Criminal Appeal Act of 1907 is embodied in that of 1913, Mr. Goldring said his contention was that there was not_ sufficient evidence to justify the conviction of the accused. His only authority wan the ease of Crippen, whied appeared to be not on all fours, Most appeals came from a judge and jury. whilst this came "from 3 Sunmary Court. He would take the analogy that his Lordship would have directed the jury not to The Jodge—My difficulty is that. yon have no right to-appeal. You! have to show me that you have I am waiting for my friend to. give us sézae definite reason. I cannot see that he has given. any.
The Jodge—- What he suggests misdirection.
Mr. Maitland: What misdireetion?
The Judge—No evidence at al Mr, Maitland: I suggest that my] (nond must give us something more definite than that the learned magistyate misdirected himself mentally.
Text read from the printed page and cleaned; old type leaves the occasional error.