Gibb and Laurie v HM Advocate

Solemn procedure – Murder – Judge's charge – Withdrawal of verdict of culpable homicide from jury. High Court of Justiciary: Allowing an appeal against conviction by two appellants who were convicted of a charge of murder, the court held that the trial judge had erred in removing the option of culpable homicide from the jury's consideration: the case was not one in which the picture was so clear cut—as regards either accused—that culpable homicide should have been withdrawn from the jury; in doing so the judge misdirected the jury and the misdirection was a material one which had resulted in a miscarriage of justice.

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