MOTION FOR NEW TRIAL

Dominion, Volume 13, Issue 309, 23 September 1920, Page 8

MOTION FOR NEW TRIAL

The Court of Appeal yesterday heard a motion for. a new trial in the case of FcaakUn John Smith, convicted ot rapp at the lost criminal sessions in Auckland, over which Hi> Honour Mr. Justice Coo. per presided. Smith had been sentenced to seven years' imprisonment with hard labour. Mr. Allan Moody lAiickland) apoeared for the appellant, and Mr. W. C. ifacGrcgor (Solicitor-General) , for tho Crown. On tho bench were Their Honours the Chief J iisticc (Sir Robert Stout), Wr. Justice Edwards. Mr. Justice Chapman, ar.d Mr. Justice ncrdman. Mr. Moody submitted that the verdict of the Auckland iury had been against the weight of evidence. He Quoted leading cases in support of hie claim. Sir Robert Stout malntalnod that the prisoner was a renowned list, and his evidence was not reliable. In opposing the motion, the SolicitorGeneral characterised the crime as a revolting one. The evidence showed that lour men had deliberately concocted a plot to achieve the conquest of the girl. C-mith had aggravated his crime by fraud, having told the irirl he iva& an accredited a«ent of a theatrical Arm. In reply, Mr. Moody contended that the girl had given consent to Smith. The Bench reserved its decision.