Judgment of the Court
THE CHIEF JUSTICE.-The appellant was found guilty of manslaughter after trial at Vancouver on an indictment for murder.
We agree with the Chief Justice of British Columbia that in two respects there was a mistrial. As to the first, it was not seriously disputed that it was essential for the Crown to establish that the uterus itself of the deceased Helen McDowell was packed with cotton batting and that this was done by the accused.
It was, therefore, of vital importance that, upon this point, the direction to the jury (1) [1937] 4 D.L.R. 425; 69 Can. C.C.
*PRESENT:-Duff CJ. and Rinfret, Cannon, Crocket, Davis, Kerwin and Hudson JJ.
S.C.R.]
Cases cited
- 4 D.L.R. 425 4 D.L.R. 425