CONVICTION QUASHED.

Auckland Star, Volume LVI, Issue 183, 5 August 1925, Page 9

CONVICTION QUASHED.

THE CREAM CASE,

CONSPIRACY ALLEGED.

The Court of Appeal, which heard on Saturday Mr. R. A. Singer's argument in the case of Francis Archibald Parker and John Ormiston Wootl, who were charged in December last with obtaining £6 from the. New Zealand Co-operative Dairy Assoociation by representing that 28451b of cream had been supplied to the Association for a stated period by Wood, has quashed the conviction which was recorded against Parker. ' The case against Wood has yet to be argued, as to whether, now that Parker has been found innocent, the convictipn against Wood must also be quashed. At the trial in Auckland no evidence was called on behalf of accused. At the close of the case for the Crown, Mr. Singer applied to have the first count against accused withdrawn and the second count against Parker withdrawn on the ground that there was no evidence against him. The application was refused by Mr. Justice Alpers, who directed the jury that the statement made by Wood was not evidence against Parker. The jury convicted both accused on the first count, and on the second count they convicted Wood and discharged Parker.

Sentence was deferred pending the Court of Appeal answering questions as to whether the judge was rignt in allowing the case against Parker and Wood on the first count, and against Parker on the second count, to go to the jury, and the further question as to,whether the conviction on the first count was. valid.

On the Bench were the Chief Justice (Sir Robert Stout), Mr. Justice McGregor, and Mr. Justice Alpers.