Rex v Keller & Parker

• Jurisdiction: South Africa
• Citation: 1915 AD 98

Rex Respondent v Keller & Parker Applicants
1915 AD 98

1915 AD p98

Citation	1915 AD 98
Court	Appellate Division
Judge	Innes CJ, Solomon JA and De Villiers AJA
Heard	February 1, 1915
Judgment	February 1, 1915

Flynote : Sleutelwoorde

Appeal — Special leave — Criminal Law — Evidence.

Headnote : Kopnota

The accused were convicted of the crime of theft by means of false pretences in selling pieces of glass as diamonds. Evidence was admitted of their having on a previous occasion endeavoured to sell glass as diamonds. Held, that such evidence was rightly admitted, as it was relevant on the question of guilty knowledge, and that leave to appeal must be refused.

Case Information

Application for special leave to appeal from a conviction before SEARLE, J., and a jury.

The facts sufficiently appear from the judgment.

The appellants in person.

C. C. Jarvis, for the Crown, was not called upon.

Judgment

Innes, C.J.:

The applicants were convicted by a jury at Cape Town of the crime of theft by means of false pretences, in having sold to one Mitchell for the sum of £350 certain pieces of glass as being diamonds, well knowing that they were not. During the progress of the trial an order was made that all witnesses should leave the Court. One Parvades, who had not been subpoenaed, came into court after the order and remained there. After he had heard some of the evidence he volunteered a statement...