MONSON CASE VERDICT

Grey River Argus, 27 April 1939, Page 7

MONSON CASE VERDICT

APPEAL COURT FINDING

Prisoner Acquitted

[Per Press Association! WELLINGTON, April 26. A charge was brought against Robert Duke Monson, at Greymouth on March 1 1939, of breaking and entering the shop of W. J. Duff, Reef ton; or alternatively, of receiving goods stolen from Duff’s shoo. The defence was that that the shop was broken into by' another person, and Monson was so drunk, that he did not know what he was doing, and was incapable of forming an Intention to retain the goods. The jury’s verdict was; “We find the accused not guilty on the first charge, and guilty on the second, but without criminal intention. We therefore recommend a strong recommendation for mercy.” In answer to the trial judge, Sir M. Myers, the Foreman of the Jury said that they thought that the prisoner was drunk, and that he might have intended to return the stolen goods. The Foreman added: We had rather a difficulty there.” Counsel for the apoellant (Mr J W. Hannan Greymouth) contended that the verdict must be regarded as an acquittal. The Crown Prosecutor (Mr F. A. Kitchingham) contended that it was one of guilty. The Chief Justice reserved for the opinion of the Court of Appeal the question of the meaning and effect of the verdict. Argument was taken hv the Court of Appeal consisting of Chief Justice Myers, Justice Ostler ana Justice Fair to-day. At the conclusion of the hearing, the Court delivered judgment, holding that the verdict of the jury was one of not guilty.