DISALLOWANCE OF APPEAL
CONVICTION OF MAN AT AUCKLAND (P.A.) AUCKLAND. July 15. On June 24, Ernest Odiot Phelan, of Auckland, appealed to the Court of Appeal for an order setting aside his conviction on a charge of indecent assault on a male on the grounds of the wrongful admission of evidence and the misdirection of the jury at the trial. Giving judgment to-day, the Appeal Court held there had been no wrongful admission of evidence. Further, the Judge had been under no obligation to warn the jury that the evidence of the chief witness should be taken as that of an accomplice, since a broad view of the evidence showed that the witness was in no way an accomplice to the offence. The judge had therefore correctly directed the jury and accordingly the appeal was disallowed.
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Bibliographic details
Press, Volume LXXXIV, Issue 25548, 16 July 1948, Page 3
Word Count
136DISALLOWANCE OF APPEAL Press, Volume LXXXIV, Issue 25548, 16 July 1948, Page 3
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