MEANING OF VERDICT

Dominion, Volume 34, Issue 199, 20 May 1941, Page 8

MEANING OF VERDICT

Legal Argument In Criminal Case

“We find the prisoner guilty on his own admission, but recommend him to the leniency of the Court because we feel he did not have wilful criminal intent,' was the verdict returned by the jury which tried Jack Norman Edger, stablehand, aged 38, for theft in the Supreme Court, Wellington, yesterday. Ihe Chiet Justice (Sir Michael Myers), who was on the Bench, will hear argument today on whether this verdict is a conviction. Mr. C. H. Weston, K.C., with him Mr. IV. R. Birks, conducted the prosecution, and Mr. IL Hardie Boys appeared for accused. Accused was committed for trial from Masterton on alternative charges of stealing a watch, chain and pendant, valued at £l2. the property of Leslie Thomas Daly, on August 3, and of stealing them on July 20. Accused admitted finding the article's and knowing whose they were, but said he was keeping them to return them to their owner. He admitted also that he did not communicate with the owner, and gave the sovereign pendant away. The jury considered its verdict for two hours, including luncheon. 'When it returned with its verdict. Mr. Boys submitted that, on the authorities, the verdict was one of not guilty. His Honour said he did not know what it meant, remarking that if prisoner were guilty he would not send him to prison. Mr. Boys replied that, nevertheless, in the interests of prisoner, he should argue the question of whether there should be a conviction.

His Honour rejected a suggestion by Mr. Weston that his Honour direct the jury further, and remanded accused.