FACT OMITTED FROM INDICTMENT
VALIDITY OF CONVICTION IN QUESTION (CRESS ASSOCIATION TELEGRAM.) WELLINGTON, June 16. George Thomas White was charged in the Magistrate’s Court at Taumarunui that On December 24, 1937,. at Taumarunui, within a no-licence area, he kept liquor for sale, having been twice previously convicted of idling liquor in a no-licence area. He elected to be tried by a jury, instead of being dealt with in the Magistrate’s Court, and came up for trial at the Supreme Court at Hamilton in May, 193 d. He was found guilty by the jury. When the Chief Justice '.the .Rt. Hon. Sir Michael Myers) noticed that the indictment upon which he was charged did not contain any reference to the two previous convictions, the Crown Prosecutor informed the Court that it had been the practice since 1923 to refrain from stating the fad of previous convictions m the indictment. The Chief Justice then reserved for the opinion of the Corut of Appeal the questions whether the conviction could stand in view of the omission to state the fact of previous convictions unless the indictment were amended, and whether it was competent for the Court to amend the indictment. The Court of Appeal to-day reserved decision.
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Bibliographic details
Press, Volume LXXIV, Issue 22430, 17 June 1938, Page 6
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204FACT OMITTED FROM INDICTMENT Press, Volume LXXIV, Issue 22430, 17 June 1938, Page 6
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