R v Morris Khan [1912] ZATPD 96 (26 August 1912)

Criminal Law.-Criminal Trial.-Evidence to go to
Jury.-Decision of Judge.-Question of Law.Point
Reserved.-Ordinance l of 1903, secs. 170 and
270.

Sec. 170 of Ordinance l of 1903 enacts that if at the close
uf the case for the prosecution•in a criminal trial
" the Court considers" that there is evidence to go to
jury, the Court shall call upon the accused to enter
on his defence. Held, that the ruling of the
Judge as to whether there was evidence was not the
exercise of a discretion but a decision on a point of
law, and could, therefore, be made the subject of a
question reserved under sec. 270 uf the Ordinance for
the consideration of the Supreme Court.