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The appellants in these two stated cases were charged together on a complaint which alleged that on 16 May 1997 they had with them in a public place, namely a train travelling between Glasgow and Edinburgh a knife, contrary to section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. Evidence was led on 16 October 1998 before the sheriff and the case was then adjourned until, eventually, 6 November 1998 when both appellants were found guilty.
For these reasons we shall answer question 2 in Douglas's case in the affirmative and quash the conviction: we find it unnecessary to answer question 1. In McNulty's case, we shall answer question 1 in the negative, question 2 in the affirmative, question 3 in the negative and question 4 in the affirmative.
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