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''R v Wallace'' (1931) 23 Cr App R 32 is a leading English criminal case, famous as being the first occasion that a conviction for murder was overturned on the grounds that the verdict was "unreasonable, or cannot be supported, having regard to the evidence", as provided for by Section 4(1) of the Criminal Appeal Act 1907. William Herbert Wallace, a 52 years old insurance agent, had been convicted at the Liverpool Assizes in 1931 of the brutal murder of his wife, Julia Wallace, and sentenced to death. ==Facts== The case against Wallace was entirely circumstantial, with several curious aspects. The night before the murder a telephone message had been left for Wallace at his chess club, requesting that he call on "R.M. Qualtrough" at 7.30pm the following evening to discuss an insurance policy. The address given was in Mossley Hill, a district of Liverpool several miles from Wallace's home in Anfield. Wallace arrived at the chess club about 25 minutes after the phone call, and was informed of the message by the club captain, Samuel Beattie. The following night Wallace left home at about 6.45pm, catching several trams to Mossley Hill. During his journey, and subsequent search, he inquired of numerous people — including a policeman — directions to "25 Menlove Gardens East", the address Qualtrough had given. It became apparent that while there were Menlove Gardens North, South and West, there was no Menlove Gardens East, and no trace of Qualtrough either. After spending about 45 minutes inquiring around the district, Wallace arrived home at about 8.40pm to find his wife bludgeoned to death in their parlour, and evidence of a bungled robbery. The Police discovered that the telephone call had been made from a public call box only 400 yards from Wallace's home, and hypothesised that Wallace had made the call himself to create an elaborate alibi, and had in fact murdered his wife before leaving his house the following evening. However, no trace of blood was found on Wallace, although the killer would have been heavily bloodstained, and a milk-boy's testimony of seeing Mrs. Wallace alive sometime between 6.30pm and 6.45pm left Wallace scarcely enough time to kill his wife, clean himself up, and stage a robbery before catching his tram. The murder-weapon was not found, and no motive could be ascribed to Wallace in killing his wife. On the contrary, Wallace, 52, was in poor health, and his wife had fulfilled the role of companion and sometime nurse. They had been married 17 years and had no children.〔Although contemporary reports indicated that Julia Wallace was the same age as her husband, recent research has proved that she was 17 years older than he was, and in fact was almost 70 at the time of her death. (See Murphy, 2001)〕 In the absence of other suspects, the Police charged Wallace with murder.〔It is now known there was a more credible suspect — a young man and former colleague of Wallace's, with criminal propensities, who was familiar with the layout of Wallace's home and his insurance collections. Wallace and others in fact named him to the Police, but he appeared to have an alibi — an alibi that has subsequently been found to be compromised. (See Wilkes, 1985)〕 At the committal hearing, several factual misstatements were made by the Prosecuting Solicitor, and these were widely reported in the local press. The feeling in Liverpool was anti-Wallace, and although the jury was selected from outside the city environs, they came from nearby towns, which could have been infected by prejudice. Wallace cut an austere, fusty figure, and his stoicism throughout his ordeal, combined with his intellectual hobbies of chess, botany and chemistry gave the impression to some of a cold, calculating killer who had contrived to commit the perfect murder. Wallace was tried at St. George's Hall at the Assizes in April, 1931. Edward Hemmerde, KC led for the Crown, assisted by Leslie Walsh. Roland Oliver, KC, assisted by Sydney Scholefield Allen, led for the Defence (instructed by solicitor Hector Munro of H.J. Davis, Berthen and Munro). During cross-examination it became clear that the police surgeon had blundered, in not taking temperature to ascertain the time of death, and the Police had allowed the crime-scene to become cross-contaminated. Beattie, the recipient of the telephone message at the chess-club, who knew Wallace well, was unshakable in his opinion that the voice was not Wallace's. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Wallace」の詳細全文を読む スポンサード リンク
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