Judgment of the Court
J.-This is an appeal from a judgment of the Court of Appeal for British Columbia, dated the 8th day of January, A.D. 1935, affirming the conviction of the appellants by His Honour Judge Lampman in the County Court Judges' Criminal Court, in and for the county of Victoria, on the charge that they did, on the 3d day of March, 1934, unlawfully assault Fong Chan Ten and did thereby occasion him actual bodily harm.
The appellants were tried and the conviction was recorded on June 29, 1934.
They each filed a notice of appeal to the Court of Appeal for British Columbia on several grounds.
On the hearing of the appeal the appellants moved the Court of Appeal for leave to admit the evidence of two witnesses, who were not called at the trial, and to set aside the conviction and order a new trial on the ground that even though the evidence adduced at the trial might have justified a finding of guilty, the evidence of these two new witnesses raised a doubt as to the appellants' guilt. The motion to admit the new evidence was refused, on the 29th of October, 1934, by the Court of Appeal, McPhillips and M. A. MacDonald, JJ.A., dissenting. But the conviction was not affirmed until the 8th of January, The formal judgment of the court affirming the conviction, after properly reciting what had taken place, contains the following:-