FOR APPEAL COURT
After having hoard argument on the effect of a jury's verdict in respect to Alfred .John O'Meara, charged with breaking and entering with intent to commit a crime, Mr. Justice Callan referred the matter to the Court of Appeal, with a provision that O Moara should be released on hail meantime. The jurv found O'Meara guilty on a count of breaking and entering with intent to commit a crime, "to wit t.he crime of theft, ' but added that "what crime was intended was not definitely proved." Mr. G. S. R. Meredith, for the Crown, submitted that before accused could receive sentence lawfully it was necessary to amend the count to bring it into conformity with the jury's verdict. Mr. G. Skelton. for the accused, objected to such amendment, which, he said, amounted to convicting the man on a charge on which he had not been heard. His Honor said the point was one that would be better argued in the Court, of Appeal, and referred it accordingly.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/AS19421028.2.63
Bibliographic details
Auckland Star, Volume LXXIII, Issue 255, 28 October 1942, Page 4
Word Count
170FOR APPEAL COURT Auckland Star, Volume LXXIII, Issue 255, 28 October 1942, Page 4
Using This Item
Stuff Ltd is the copyright owner for the Auckland Star. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Acknowledgements
This newspaper was digitised in partnership with Auckland Libraries.
Log in