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Act: Burns, Q.C., Wilson ; followed by Gilchrist, Q.C.; Paterson Bell , Edinburgh
[1] The appellant was convicted on 3 September 1999 at the High Court at Glasgow on charge (1) of the indictment which he faced along with Mary Ryan and Patrick Francis Devine. The terms of the charge upon which the appellant was convicted were as follows:
"...having formed a criminal purpose to murder Manus O'Donnell, 33 Inverewe Drive , Glasgow ,
(1) between 19 and 22 November 1998, both dates inclusive, at a wooded area at Barbana Road, Phillipshill, East Kilbride or elsewhere to the Prosecutor unknown, you did assault said Manus O'Donnell, 33 Inverewe Drive, Glasgow and repeatedly discharge a shotgun at him and shoot him on the head and body, repeatedly strike him on the head and body with a knife or similar instrument and did murder him."
[2] The appellant was found not guilty on charges (2) and (3) of the indictment. Those charges, which were also libelled as having been committed after the appellant had formed a criminal purpose to murder Manus O'Donnell, were in the following terms:
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