MINNIE DEAN'S CASE.

Evening Star, Issue 9757, 13 July 1895, Page 2

MINNIE DEAN'S CASE.

THE ATTORNISY-GENEEAL GRANTS MR HANLON'S APPLICATION.

This morning Mr A. C. Hanlon, counsel for Minnie Dean in the recent trial for child murder, received the following telegram, which wa3 despatched from Wellington late yesterday afternoon t Mr A. C. Hanlon, solicitor, Dunedin.

iiegina v. Dean, the AttorheyGeneral has consented to your application for loavc to move the Court of Appeal horoin. Formal consent by post. W. S. Reii>, Solicitor-General.

The present position.may be thus stated s Mr Justice Williams took a note of the objection under subsection 3 of section 412 of the Criminal Code of 1893, said subsection reading thus: —

Either the prosecutor or the accused may during the trial apply to the Court to reserve any such question as aforesaid; and the Court, if it refuses so to reserve it, shall nevertheless take a note of such objection unless it considers the application frivolous.

Application was made by Mr Hanlon under subsection I of section 413 : If the Court refuses to reserve the question the party applying may, with the leave in writing of the Attorney-General, move the Court of Appeal as hereinafter provided. The Attorney-General may in Ills discretion give or refuse such leave.

The leave thus referred to is now given, and the next step is for Mr Hanlon to move the Court of Appeal under the above subsection. If the leave to appeal is granted a case will be stated for the opinion of the Court of Appeal as if the question had been reserved at the trial.

We may add that the ordinary sitting of the Court of Appeal takos place next November.

[From Our Parliamentary Reporter.]

WELLINGTON, July 13.

After mature deliberation and full consideration of the Hall and Makin cases, the Attorney-General ha? decided that it is advisable to allow reference to the Appeal Court in the case of Minnie Dean, who was sentenced to death at Invercargill for child murder. Under the Criminal Code of last session the Attorney-General has merely to decide, when application is made to him, whether an appeal is to be allowed, and he has not to assign any reason for his decision. Sir Patrick suggests to the Minister of Justice that an immediate sitting of tbe Appeal Court should be held to determine the law point involved.