MANSLAUGHTER.

Hawke's Bay Tribune, Volume XIV, Issue 279, 5 November 1924, Page 7

MANSLAUGHTER.

THE AUCKLAND CASE. I ’ (Per Press Association.) Auckland, Nov. 4. I ■ Mr. Justice Herdman, summing up - in the Shutes case, said provocation re- ’ duced murder to manslaughter.' There 1 was no proof that accused wantonly 1 slew the man in cold blood. What ac- ! tually took place none but the accused would ever know. If the jury accepted the accused’s statement there was some justification for believing there was provocation. If the blow was struck in a fit of passion it was manJ slaughter, not murder. The jury, had > to decide whether or not the accused was in a state of uncontrollable passion , ■ caused by provocation by Short. It J had to be remembered he struck at the man’s leg and that had the knife missed the artery there would have | ’ | been no crime of murder. | • | Referring to drunkenness, at Mr. ‘ request, Mr. Justice Herdman said that if the accused had been k helplessly drunk he would not have . remembered the next day sufficient to make a statement to the police. ’ Drunkenness itself was not an excuse j for crime, but it affected a man’s in--3 tention. x The jury, after two and a half hours’ deliberation, returned a verdict of not guilty of murder, but guilty of manslaughter. z The prisoner was remanded for seny tence till November 12th. y The jury returned the following ’ rider:—“That in the opinion of this jury the facility with which drink is y obtainable after hours is largely responsible for the crime under review.” • Mr. Justice Herdman said this would e be handed to the police.