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The submission is that the Bill should be passed and the appeal should thus succeed on two bases. First, that the plea of guilty was to the initial irrelevant charge, and that there was never a plea of guilty to the amended and dated charge, even assuming that the amendment was validly made. That appears to us to be a sound submission and to be sufficient to dispose of the matter.
There is also, however, considerable doubt as to whether the amendment can be regarded as having been validly made even in itself. The complaint bears a note of the dates in the sheriff's hand but it is in no way authenticated and while we are told that the fiscal moved the amendment there is no minute of that having been done.
We are not prepared to see matters in that way. He had not pled guilty to the charge as eventually relied upon and in the whole circumstances we will pass the Bill and set aside the decision.
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Common Room
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