TO BE STRUCK OUT.

Auckland Star, Volume LXX, Issue 55, 7 March 1939, Page 11

TO BE STRUCK OUT.

CHARGE AGAINST MOTORIST.

JURY TWICE DISAGREE.

(By Telegraph.—Press Association.)

DUNEDIN, Monday.

It has been announced that the third trial' of George Albert Terry on a charge of negligently driving a. motor car and causing the death' of Douglas Haig Gutsell will not be proceeded with. When the case first came before the Supreme Court at Dunedin during the recent sessions Terry was also charged with driving a car while in a state of intoxication and causing death. On this count the jury found him not guilty. On the negligent driving charge the jury disagreed and a new trial was ordered. At the conclusion of the second trial the jury again failed to agree. The Crown Prosecutor, Mr. F. B. Adams, moved for a retrial, which was granted by the Chief Justice, Sir Michael Myers, who fixed the third trial for next sessions of the Supreme Court. Mr. E. J. Anderson, who represented Terry in the Supreme Court, has now received advice from the registrar of the Supreme Court that the Crown has entered a nolle prosequi, the effect of which is that the charge will be struck out and Terry will not be required to face further trial.