APPEAL COURT

Evening Star, Issue 14413, 8 July 1910, Page 4

APPEAL COURT

[Pm United Press Association.] WELLINGTON, July 8,

fu Norton v. Birthing, an appeal from the judgment of the Chief Justice and Mr Justice Cooper in refusing a new trial hi the libel action in which Birtling obtained £I,OOO damages, the Court, after hearing appellant’s counsel, deckled not then to call upon counsel for the respondent, intimating that if such a course were deemed necessary an intimation to that-effect would be given. Rex v. Steele was heard to-day. It was to decide what constitutes a. habitual criminal. The Act says : “Where a prisoner has been previously convicted on at least four occasions of certain offences he may be so declared.” Steele was sentenced on four separate indictments at Auckland iiy May, 1907, and ■again in 1809 for nine similar offences, including forgery. Judge Edwards declared" liira a habitual criminal, but the prisoner contended that ho had not been previously convicted on four occasions. The Judge reserved the case for the Appeal Court. The case turned on the meaning of “ occasion ” —whether the Court can consider each of several charges an occasion, or whether the date of each conviction must bo looked at. The SolicitorGeneral appeared for the Crown, and Steele in person. The Court affirmed the declaration that ho be adjudged an habitual criminal. The same question was then argued In regard to Pawclka, in which case the Court came to a similar decision.