People (Attorney-General) v Lehman (No. 1)

CourtCourt of Criminal Appeal
Judgment Date01 January 1947
Date01 January 1947
The People (Attorney-General)
Lehman (No. 1)

Accused person giving evidence in his own defence - Cross-examination of - Questions "tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character" - When permissible - Criminal Justice (Evidence) Act, 1924 (No. 37 of 1924), s. 1 (f).

The accused was charged with, and convicted of, the murder of his wife. At the trial he was cross-examined by counsel for the prosecution as to certain matters, including his alleged desertion from the American Army and the adoption of an assumed name. On the application by the accused to the Court of Criminal Appeal for leave to appeal against his conviction, it was sought by the prosecution to justify the admission in evidence of the facts elicited by the questions referred to by reliance upon the provision of paras. (i) and (ii) of s. 1 (f) of the Criminal Justice (Evidence) Act, 1924. Held, that, the Court being of opinion that the said questions were irrelevant to any issue in the case and tended in...

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