THE MUNN CASE.

Press, Volume LXVI, Issue 19940, 29 May 1930, Page 12

THE MUNN CASE.

POSSIBILITY OF APPEAL. [THE PEBBS Special Berries.] AUCKLAND, May 28. It is regarded as almost certain that the Court of Appeal will be called upon to consider the admissibility of certain evidence which was heard dur- ! ing the Munn trial, but no definite decision in the matter has yet been, reached. On the first day of the hearing in the Supreme Court, counsel for the defence (Mr Northcroft) raised an objection to the heating of the evidence of the children of Munn's first marriage regarding the relations existing between accused and his wife during the twelve months prior to her death. A consultation between counsel and Mr Justice Herdman was held in Chambers, and it was decided to allow the evidence. Mr Northcroft then asked the Judge to reserve the question for the Court of Appeal and he did so. It is understood that counsel's objections were based on the ground that the evidence did not lead to any definite logical conclusion regarding the actual offence while it was calculated to prejudice Munn in the eyes of the jury. The Court of Appeal has power to order a new trial or to quash the conviction after it has heard the objection. Were the Court io consider that sufficient prejudice had been aroused in the public mind in a case by evidence to which objection had been taken so that it would be impossible for accused to receive a fair trial at the hands of a new jury, it might quash the conviction, while if. it considered that a jury had been influenced by improper evidence to return a verdict not warranted, it might order a new trial.