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Foster-Sutton, P. It is well established that a Court of Criminal Appeal will not interfere with a conviction merely because it considers that it would probably have come to a different conclusion if it had tried the case, so long as the evidence furnishes sufficient material for the verdict. But it has frequently been held by, the Court of Criminal Appeal in England and also this Court that where the verdict cannot be supported having regard to the evidence because it was unsafe' to convict upon the evidence then it is the duty of the Court to quash the C conviction.
It is clear from the learned trial Judge's summing-up to the jury that he had;' grave doubts about the matter and when they returned a verdict of “guilty” he stated that had it been left to him he would have acquitted.
In our view the guilt of the appellant was not proved with that degree of certainty required in a criminal case. We accordingly allow the appeal and set c aside the conviction and sentence, and direct that a judgment and verdict of acquittal be entered.
Appeal allowed; verdict of acquittal entered.