MILLGROVE CASE

Evening Post, Volume CVI, Issue 128, 27 November 1923, Page 8

MILLGROVE CASE

NEW CHARGE AGAINST KELLY.

(Received 27th November, 2 p.m.)

MELBOURNE, This Day. Kelly is now charged with having cremated, or destroyed by fire, the remains of Mrs. Overall, on an information setting out that destruction was carried out in a place outside a cemetery without the consent of the Board of Health.

The High Court at Melbourne, on 27th October, on an appeal from the Full Court of Victoria, unanimously quashed the conviction of David Kelly, who, on 20th June, was found guilty of the manslaughter of Ada Florence Overall, at Millgrove, ■in June of last year. The prisoner admitted having burnt the body. At the first trial the jury disagreed, and at the second, Kelly was found guilty of manslaughter and sentenced to ten years' imprisonment. The nigh Court found that a miscarriage of justice had occurred at the second trial in that, although the Crown Prosecutor had put the charge of murder only to the jury, a charge of manslaughter was subsequently sprung on Kelly, when he was afforded no proper opportunity of defendmg himself. The conviction was accordingly quashed, with a new trial only on a charge of manslaughter.' The Court added that it was of opinion that accused/ having been foundnot gnilty o f murder, cou d not again be prosecuted or n letl° n r *V harf v The ■> Ury disa S«ed the IV «T ' -he Was aemiwaed till tne December sessions.