APPEAL COURT

Hokitika Guardian, 27 April 1939, Page 6

APPEAL COURT

REDUCTION SOUGHT.

(Per Press Association.—Copyright.)

WELLINGTON, April 26

The Court of Appeal, to-day, reserved its - decision. in an application. for a review of the sentence of 12 years hard labour imposed by Sir M. Myers at Napier, on Colin Herbert Hercock, folllowing his conviction of the manslaughter of Isabel Annie Aves at a trial for murder on October 31, 1938. Mr C. H. Weston asked the Court to reduce the sentence and change it from hard-labour to reformative detention. Mr Justice Ostler, who with Justices Smith and Fair was on the bench, said he did not remember such a change being made before in a case of manslaughter, but no doubt the Court had power to do it if it so thought fit.

A PRISONER ACQUITTED. 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, Reefton; or alternatively, of receiving goods stolen from Duff’s shop., The defence was. that the shop was broken into by another person, and Monson was so ■drunk, that he did not know what he was doingj 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 appellant (Mr J, W. Hannan (Greymouth), contended that tho 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 ;tlie question of the meaning and, effect of the verdict. :.; Argument was . taken hy the .Court of Appeal, consisting of Chief Justice Myers,- Justice Ostler and Justice Fair to-day. J At the conclusion of the hearing, the Court delivered judgment, holding that the verdict of the jury was one of not .guilty, .. . . .. -