Smith v HM Advocate

Criminal evidence and procedure – Sufficiency of evidence – Judge's charge– Unreasonable verdict. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of murder by asphyxia as a result of pressure or blows to the deceased's neck, the court rejected all three grounds of appeal— that the trial judge erred in repelling a submission that there was insufficient evidence to prove that the appellant had asphyxiated the deceased; that the judge failed adequately to direct the jury that the Crown had to prove that the cause of death had been asphyxiation caused by pressure or blows struck by the appellant; and that the verdict was one which no reasonable jury could have returned.

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