High Court Wellington
27, 28, 29 October; 18 November 1953
Stanton J; F B Adams J; Turner J
27, 28, 29 October; 18 November 1953
Stanton J; F B Adams J; Turner J
Cook Islands — Appeal — Murder — Trial by Judge and Six Assessors — Appeal on Fact and Law — Appellate Tribunal to decide whether Decision Right or Wrong — Judge and Assessors entitled to confer in Private without Judge's Summing-up in Open Court — Statements by Accused admissible under Common-law Rules and, at Court's Discretion, under Cook Islands Act, 1915 — Evidence not supporting Plea of Provocation for Reduction of Crime to Manslaughter, if Defence of Provocation at Common Law available — One of Accused not striking Blows causing Victim's Death, but aiding Other Accused — Such Accused Party to Crime of Murder — Death from Wounds inflicted — Medical Evidence Conclusive thereon — No Rule of Law requiring Internal Post-mortem Examination — Cook Islands Act, 1915, ss 119, 157, 163, 164, 170, 266, 291, 295, 316, 615, 618.
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