guilty of assault in Magistrates' Court.

Walton Chambers, 31, of Massachusetts, won his appeal after being convicted of stabbing an Ambassador's Club barmaid last November 15.

Chambers allegedly stabbed the barmaid in the side after a dispute over his bill. However his lawyer, Richard Hector, succeeded in having three of his four grounds of appeal upheld by Puisne Judge Vincent Meerabux.

Mr. Hector argued the magistrate should not have rejected a "no case'' submission and failed to apply the proper burden and standard of proof.

Mr. Hector also argued that the ruling was unclear, unexplained and -- upon weighing up the evidence in the case -- could not be supported.

Mr. Justice Meerabux noted the Crown had to prove its case beyond a reasonable doubt. And he agreed the magistrate did not indicate that "he was aware of or considered or applied the burden and standard of proof as required in a criminal case''.

But he said the magistrate was correct in hearing the case despite the defence's claim the evidence was insufficient.