INCITING TO CRIME.

Ashburton Guardian, Volume 51, Issue 127, 11 March 1931, Page 3

INCITING TO CRIME.

CONVICTION! UPHELD. (Per Press Association). WELLINGTON, March 10. The Court of Appeal to-da" considered a case under tlie Crimes Act from Napier. Leslie William Gibbons was charged at the last sitting of the Supreme Court at Napier that lie attempted to incite George Reginald l Harrison to commit a crime, punishable with imprisonment with hard labour lor three years or upwards, to wit, breaking and entering and theft from a warehouse. At the conclusion of the Crown case in Napier, counsel for the accused submitted there was no evidence of incitement, and that the evidence given at the most amounted to evidence of a request by the accused to Harrison. It was also contended by him that in order to constitute incitement, or attempt to incite, there should lie «roof of something in the nature of urging, stimulating, or inciting, and that proof that a mere request was not acceded to, was not sufficient. Mr Justice Blair directed the jury that if they accepted the evidence given by Harrison the accused should he convicted of an attempt to incite. The jury found him so guilty, with a strong recommendation to mercy. The Judge then reserved for the opinion of the Court of Appeal on the question whether the evidence of Harrison was corroborated. > Mr C. H. Taylor, for the Cro/'n, to-day submitted that the evidence of Harrison disclosed more on the part of the accused than a mere request. The Court, however, informed counsel they did not desire to hear him further, and that they were of opinion that the position was plain enough; there being obviously sufficient evidence on which the jury was entitled to find prisoner guilty. The answer of the Court was that the evidence given was sufficient to support a conviction. The prisoner was not represented.