EDWIN CLAUDE HELTON V. ISABELLA ALLEN 2/1941
There was sufficient evidence to support the jury's finding that the appellant unlawfully killed Margaret Jane Roche and the trial judge's directions were adequate; thus, the appeal must be dismissed.
- Parties
- Appellant: UDA T.; Respondent: ISABELIA
- Jurisdiction
- Australia
- Judgment Date
- 20 June 1941
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Homicide, Cause of Death, Jury Verdict, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
UDA T.
Appellant
ISABELIA
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether there was sufficient evidence that the deceased died of strychnine poisoning
- 2 Whether the jury's finding excluding suicide as the cause of death was justified
- 3 Whether the trial judge's directions to the jury were correct
Ratio Decidendi
There was sufficient evidence to support the jury's finding that the appellant unlawfully killed Margaret Jane Roche and the trial judge's directions were adequate; thus, the appeal must be dismissed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Respondent to recover costs of the appeal to be taxed from the appellant
Full Case Text
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