REX
V.
ZAALIM FRAFRA

YATES, J.

In this appeal, during the argument of Mr. Phipps, counsel for the defence, the Court gave him leave to add a further ground of appeal, viz.: Misdirection, the misdirection being as follows:-

“I told them (the Assessors) that if they were satisfied “a violent assault and battery was committed upon the “prisoner's wife by the deceased in the presence of the prisoner “and that he had no other means of saving the woman’s life “from her assailants, and then and there he s hot the arrow “then they were entitled in law to reduce the murder to “manslaughter”.

This is clearly a misdirection, for the law states that if a man intentionally kills another who in his presence is committing a violent assault and battery upon his wile this amounts to extreme provocation and reduces the crime to manslaughter.

There is undoubted evidence in this case to show that an assault and battery were committed in the prisoner's presence upon his wife, and the question is, was such assault and battery su…