ABSTRACT
At the trial counsel for the accused proposed to ask one of the witnesses for the prosecution in cross-examination whether the deceased woman had made in the month of February 1912 a statement that she intended to perform an operation upon herself in order to procure miscarriage, and on March 29, a statement that she had performed such an operation upon herself. The learned judge ruled that this evidence was inadmissible and that these questions could not be asked. The accused was found guilty and sentenced to three years’ penal servitude. The accused appealed upon the ground (among others) that the learned judge was wrong in law in refusing to admit the evidence as to statements made by the deceased woman.
