TWO TRIALS

Press, Volume LXXII, Issue 21909, 9 October 1936, Page 6

TWO TRIALS

alleged sale of beer AT ASHBURTON

APPEAL COURT RESERVES DECISION

(PRSB* kBBOCUTIOH TSLBORiJI.)

WELLINGTON, October 8. Bernard Lewis Blackwell, of Ash* burton, was charged on two counts before Mr Justice Northcroft and a jury at Timaru in July that oh April 13, 1930, and March 28, 1988, at Ashburton. he sold liquor, namely, beer, without being duly licensed, he having been twice previously convicted of that offence. „ . , There were two trials, the first jury being unable to agree. At the request of counsel for the prisoner, tions of the indictment relating to prior convictions were not read to the Jury. No evidence was called for the de |n his' summing up, Mr Justice Northcroft informed the Jury that a portion of the indictment had not been read to them, and the whole indictment was then read. His Honour explained that the Jury was not informed of the prior conviction, so as to lead to the view that because a person had been previously convicted of an offence he was likely to have committed the same offence again. It was also pointed out that the fact of the prior convictions was generally withheld from iurieslest it should prejudice a fair trial. The jury was directed not to consider, from the fact of the prior conviction of the accused, that he was guilty of the

charges then under consideration, but that they must decide upon the evidence tendered for the Crown whether the present charges had been proved. The jury returned a verdict of guilty. A case was then stated for the opinion of the Court of Appeal, the Questions being whether it was proper to direct a jury as set out above, and whether the conviction ought to be reversed or affirmed, or whether there should be a new trial. The court reserved decision.