REHEARING GRANTED

Grey River Argus, 29 November 1943, Page 2

REHEARING GRANTED

BREAKING AND ENTERING CHARGE. WELLINGTON, Nov. 27. By a special fixture, the Court of Anneal yesterday heard and determined an application for a new trial made by Ernest Edwin Newton, who was convicted at Auckland on October 21, 1943, on a charge of breaking and entering the Market Service Station with intent to commit a crime on August 12, 1943. The application was based on the grounds that insufficient evidence existed to justify the jury’s verdict of guilty. The facts were that Newton was seen at 9.30 p.m. coming, in company with another man, from the doorway of the service station, which had been broken into. When accosted by a constable, both ran away. The premises had been broken into and tyres stolen, but the tyres were never traced. Newton explained that ne ran awav because he was frightened of the police owing to previous convictions.

After hearing argument, the Court adjourned, and later delivered its decision, the Chief Justice (the Rt. Hon. Sir Michael Myers), Mr. Justice Blair, and Mr. Justice Johnston finding (Mr. Justice Fair dissenting) that the verdict was against the weight of evidence to connect Newton with the commission of the offence. The members of the jury were entitled to consider the explanation given by Newton untruthful, and to find that he was on the premises with a guilty purpose. The application for a new trial was granted.