AI Structured Summary
Not yet generated for this judgment
Judgment
4 paragraphs · 87 words
Wallace, J.—No Magistrate or Court can refuse to allow an accused person to cross-examine prosecution witnesses, before charge is
framed, and the Magistrate''s procedure in refusing to allow such cross-examination was most irregular and in contravention of the law. Without
going into the larger question whether that procedure has rendered illegal the charge framed on evidence so irregularly taken, I consider that the
fairest course to the accused is to cancel the charge and direct that the cross-examination of the witnesses be now permitted. I direct accordingly.