Erland Wallace Mordue was convicted by a jury of first degree murder. He appealed that conviction. Mordue raised three grounds of appeal. In dismissing the appeal the court offered the following quotable quote in relation to the Crown's case:
There was a strong case of planning and deliberation based on the appellant’s handwritten notes that refer to the murder and the suicide, and the fact that the appellant went to the victim’s home, cut the phone line, and waited for her while drinking beer and smoking for some period of time. As the appellant did not testify, there is no explanation that the jury could consider to put these circumstances in another light [para 3]; [emphasis added].