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Solemn procedure – Judge's charge – Concert. High Court of Justiciary: Allowing an appeal against conviction by an appellant (the second accused) who was charged, together with three co-accused, with murder, and convicted of murder along with the first accused, the court upheld an argument that in giving directions in relation to the appellant and first accused on the assumption that the jury accepted they were involved in a concerted attack, the trial judge had in the appellant's case wrongly excluded from the jury's consideration a verdict of culpable homicide in circumstances where they decided to return a verdict of murder against the first accused.
Solemn procedure – Judge's charge – Concert. High Court of Justiciary: Allowing an appeal against conviction by an appellant (the second accused) who was charged, together with three co-accused, with murder, and convicted of murder along with the first accused, the court upheld an argument that in giving directions in relation to the appellant and first accused on the assumption that the jury accepted they were involved in a concerted attack, the trial judge had in the appellant's case wrongly excluded from the jury's consideration a verdict of culpable homicide in circumstances where they decided to return a verdict of murder against the first accused.
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