DISMISSED.

Auckland Star, Volume LXIV, Issue 30, 6 February 1933, Page 3

DISMISSED.

TARRANT'S APPEAL. MURDER AT PICTON. CONVICTION AFFIRMED. (By Telegraph.—Press "Association.) WELLINGTON, this day. The Court of Appeal, in a reserved judgment delivered this • morning, dismissed the appeal of Edward Tarrant, of Picton, from his conviction for the murder of James Flood at Picton on or about November 3, 1931, and the subsequent sentence of death passed upon him at Blenheim by Mr. Justice Blair on November 29 last. In the course of his judgment the Chief Justice, Sir Michael Myers, said: "It is clear, in my opinion, that there was evidence to go to a jury. The fallacy of the argument on behalf of the prisp ler is the contention that all the evidence called by the Crown was a matter of mere suspicion. With that I am wholly unable to agree." Dealing with the questions raised in the case stated by the trial judge, his Honor said that in Lis opinion those further questions were not questions of law at all, such as were contemplated by section 442 of the Crimes Act, and only one of them might possibly be considered a question o" fact. Not being questions of law, the Court could not deal with them. Mr. Justice MacGregor held that there was ample evidence to go to a jury, and that no misdirections of any kind had been established on the appeal. The appeal, therefore, entirely failed, and the conviction must be affirmed. Mr. Justice Ostler concurred "with the answers given by the Chief Justice and agreed that the conviction should be affirmed.