UNUSUAL VERDICT

Dominion, Volume 23, Issue 31, 31 October 1929, Page 6

UNUSUAL VERDICT

CHARGE SPLIT BY JURY ALLEGED BREAKING AND ENTERING Dominion Special Service. Palmerston North, October 30. The hearing of the ease ip which William Wallace Clifford was charged with breaking and entering Joseph Mayo's fruit shop on July IS, with intent to commit a crime, was concluded in the Palmerston North Supreme Court this morning, before His Honour Mr. Justice Blair and a jury of twelve. In summing up, His Honour stated that applying the principle of Old Mother Hubbard's cupboard, there was nothing to be obtained if it was bare, and accused if he had entered, might obviously have, found nothing to remove except possibly a few apples. It hud been suggested that accused could not have been there to commit a crime. “Is it suggested that he went there to get his hair cut, or was walking iu his sleep?” asked His Honour. The chance if the finger-prints found on portions of the broken pane being those of anyone but accused was. according to the evidence, manifestly impossible. . After an hour’s retirement the jury returned a verdict of “Guilty of breaking and entering.” His Honour: Do I understand then that you do not find that there was any intent to copimit n crime? ’ The foreman: We find him guilty of breaking and entering but with no intent to commit a crime, „ His Honour commented that the effect of the jury’s verdict was that he was not guilty because there was no intent to commit a erime. “Although the jury has found you guilty of breaking and entering, that is not a crime in the criminal calendar,” said His Honour, addressing accused. " “The. verdict therefore practically amounts to one of not guilty and you will be discharged."