COURT OF APPEAL.

Press, Volume LI, Issue 8932, 24 October 1894, Page 5

COURT OF APPEAL.

(PRESS ASSOCIATION TELEGRAM.) WELLINGTON, October 23. The Appeal Court dismissed Charles* worth's appeal on the ground that the Government Insurance Department was not necessarily bound to build according to hia plans. The case of Resina v Howard, a Crown case reserved, waa argued in the Courb of Appeal thia afternoon. Tho defendant, Emma Howard, was indicted before tha District Court at Hawera for the offence of keeping a common rowdy house. The accused is a married woman, and used for the purposes in question a room in an outhouse at the rear of the dwelling occupied by herself and her husband and children. There was no evidence whatever of coercion by the husband, and the District Jndge so directed the jury, who found, notwithstanding, that the accused was acting under the coercion of her husband. Tbe Jut Lye therefore directed a verdict of not guilty to be recorded, but reserved the question whether he ought to have directed a verdict of guilty, and this point was now argued before the Court of Appeal Mr Gully, for the Crown, contended tbat under subsection 208, section 24, of tbe Criminal Code Act, 1893, there was no longer any presumption of coercion of tbe wife by her husband, and the finding of the jury could not, therefore, be supported, and must be ignored, '''here was no appearance for tbe accused. The Court reserved its decision.

CABLE NEWS.