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Mr McBride on behalf of the appellant emphasised that in this case there was a total absence of any evidence as to a weapon being seen. The only evidence that had been given as to what the appellant held was the evidence given by Alexis Blair, who said that she had seen him with a car key and a glass. As we have pointed out already, when she saw him punch the deceased it was with a clenched fist.
In these circumstances Mr McBride submitted that there was insufficient evidence to identify the appellant as the person who was responsible for the serious injuries which the deceased had suffered. He was found to have sustained two wounds to the front of his body, according to the medical and pathology evidence.
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