SUPREME COURT.

Hawera Star, Volume XLVII, 17 May 1928, Page 5

SUPREME COURT.

MANSLAUGHTER, CHARGE FAILS H» lELEUKAHH PKKNh ASNOOI nTIOt WELLINGTON, May 16. The charge against Louis Stanley Tremayne, of committing manslaughter, arising out of a motor iatality at Masterton on February 18, was concluded at the Supreme Court yesterday.. Tremayne in his evidence stated that he liacl rerused to say anything about the speed because there was no device on his ear to indicate speed and it was useless for him to guess. The .sun momentarily' dazzled him and made him feel dizzy, then the crash occurred. He was certain «e Dad not diverged from his course. He judged the point of impact from a cut which appeared to be on his correct side of the road.

The judge said that the test the jury had to apply was what would an oruinariiy skiliul motor driver would have done in the circumstances ? There were three tests: “Was accused driving at a reasonable speed?” Was he keeping a proper loolc-out?” “Was he on his proper side of the road ?” if the point of impact was where the police said it was, then accused was on his wrong side of the road. Accused set up a defence of misadventure. To return a verdict against accused the jury' would have to lie satisfied beyond any reasonable doubt of the prisoner’s guilt. Tremayne was found not guilty' and discharged.