APPEAL CASES.
A CONVICTION QUASHED,
By Telegraph—Press Association. Dunedin, last night,
In Chambers to-day Judge Williams granted the rule nisi for a writ of prohibition in respect to the conviction of Peter Grant, this being a short process of appeal against the decision of Mr Carew, 8.M., and two Justices, convicting Grant of betting at tote odds. Grant has taken preliminary steps for an notion against the police for wrongful seizure and detention of his books in the recent raid.
Mr Justice Williams to-day quashed the conviction of William John Ireland, byMr C. C. Graham, S.M., on a charge of vagrancy. His Honor said that the evidence admitted in proof of previous conviction was of course not legal evidence of fact of conviction at all; it was simply hearsay. Upon hearsay, the only evidence tho Magistrate had before him as to previous conviction was that of Detective Campbell, who stated that he had seen recorded in tho Police Gazette a conviction of accused as an idle and disorderly person at Auckland, on tbo 20th September, 1896. If the ease had been before the jury it would have been the duty of the Judge, notwithstanding that the evidence of Detective Campbell bad been admitted, to have directed an acquittal.
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Bibliographic details
Gisborne Times, Volume VI, Issue 284, 11 December 1901, Page 2
Word Count
208APPEAL CASES. Gisborne Times, Volume VI, Issue 284, 11 December 1901, Page 2
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