LEGAL POINTS RAISED

Evening Post, Volume CIX, Issue 32, 7 February 1930, Page 11

LEGAL POINTS RAISED

CASE FOR APPEAL COURT

James William Huda, who was found guilty yesterday of making or causing to be made a false declaration regardin- his marriage, was to have been sentenced this afternoon, but as there were two legal points involved, which it was decided to refer to the Court of Appeal, he was remanded.

Mr. IT. W. Ongley, who represented tho prisoner, said that the verdict was that Hudd had made or caused to be made- tho false statement in question. Counsel asked his Honour to ~ submit to the Court ot' Appeal the question whether that was an ambiguous verdict. T-< make a false statement-was one offence, and to cause it "to be made was. another. .'lf later, on it! he-, came necessary to plead a previous conviction he would not be free to plead in respocfc of oither offence.

His Honour said he would look into the point, but he did not think ' he should reserve'it for the Court of Appeal. .-.•.'.'. . ■ The Crown. Prosecutor- (Mr. P.. S. KJ. Macassey) submitted that the. position was quite clear, because in making' the Statement lie both made it and caused it to bo made.. . '~'.'■■■ '.' .

With, regard to the other point raised by Mr. Ongley, that the Court of Appeal should give a decision on his. Honour's ruling to the'jury that it was an offence to give false particulars to the Registrar..whether : ie was officiating at tho marriage.' or not, his Honour said he would reserve the question for the higher Court.

The prisoner was remanded on bail, and wns ordered to come up for sentence after tho Court of Appeal had dealt with the case. ...