ATTEMPTED MURDER CHARGE

Dominion, Volume 22, Issue 264, 3 August 1929, Page 4

ATTEMPTED MURDER CHARGE

ACQUITTAL AT AUCKLAND By Telegraph.—Press Association. Auckland, August 2. In the Supreme Court Robert Francis Maddox, aged 27, charged with attempting to murder Jerko Didovich, a Dalmatian, and alternatively with assauting him, was found not guilty. Evidence was given that Maddox and Didovich worked at the same quarry, and were great friends. . Maddox’s wife made a grave allegation against the Dalmatian, and Maddox tried to fire an old automatic revolver at him, but it would not go off. His wife later, admitted that the allegation was false. Accused, in evidence, said he had forgiven his wife, and they were living together again. Mr. Sullivan, counsel for accused, emphasised the extreme provocation under which accused acted. The test was whether the provocation accused had received was such as to deprive him of his powers of control. The Crown Prosecutor, Mr. V. R. Meredith, said the effect of provocation was to mitigate the penalty, but not to convert a guilty act into an innocent one.

Mr. Justice Herdman, summing up, said there could be no clearer case of attempted murder or assault. It was no doubt perfectly true accused was distressed beyond measure, but it could not be said he acted on the spur, of the moment. He went about making deliberate preparations. The jury took less than 15 minutes to decide upon a verdict of acquittal.