LEGAL QUESTION
RESERVED FOR COURT OF
APPEAL
lPer Press Association—-Copyright)
WELLINGTON, June 16
George Thomas White was charged in the Magistrate’s Court at Taumarunui that on December 24 1937, at Taumarumii, within a, no-license area, he kept liquor For, sale, having been twice previously convicted of selling liquor in a no-license area. He elected to be tried by a jury, instead of being dealt with in the Magistrate’s Court, and came up for trial at the Supreme Court at Hamilton in Mnv, 1938. He was found guilty by the jury.
When the Chief Justice (the Rt. Hon. Sir Michael Myers) noticed that the indictment upon which we was charged did not contain any reference to the two previous the Crown Prosecutor informed the Court that it had been the practice since 1923 to refrain from stating the fact of previous convictions in the indictment.
The Chief Justice then reserved for the opinion of the Court of Appeal the questions whether the eoflviction could stand in view of the omission to state the fact of previous convictions unless the indictment were amended, and whether it was competent for the Court to amend the indiettnent. The Court of Appeal to-day reserve’ll decision.
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Bibliographic details
Hokitika Guardian, 17 June 1938, Page 6
Word Count
200LEGAL QUESTION Hokitika Guardian, 17 June 1938, Page 6
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