SUPREME COURT.
Saturdat, B®rr. Before his Honor Mr. Justice G reason.) OnTAININO 0001>8 UNDKR FALB 18 I'RGTSKCEB
John T. Collins was charged with this offence. „ „ lie pleaded " Not Guilty. Mr. Bailey was foreman or the jury. Mr. Duncan stated that, although the Grand Jury had a formal bill against the prisoner, he had not been instructed to undertake the case against him. v , tr Under theso circumstances, his Honor directed the jury to And a verdict of acquittal. This was done, and the prisoner whb discharged. , ~ , His Honor remarked that the course which had been adopted in this case, that of other persons than the Crown Prosecutor obtaining true bills against persons, was a very inconvenient one, although it was one open to the public. In England persons so acting were obliged to enter into re cof?" nizances binding them to prosecute. Ihis rule does not prevail in New Zealand, but he thought that a similar system might be very advantageously introduced here. Whilst in attendance at the Court of Appeal, he would mention the subject to his brother Judges, and see if, by their united influence, an alteration could not be effected.
SPECIAL VERDICT. In the case of Alfred Claridge, who was convicted of larceny on a special verdict, the Court sat in banco in order that the effect of a special verdict might be discussed. After a short argument with the Crown Prosecutor, the Judge ruled that the special verdict amounted to one of " Guilty." As laid down in the rules, he should defer pronouncing judgment upon the prisoner, but should commit him to gaol, postponing sentence until the opinion of the Court of Appeal could be obtained on the point reserved. This terminated the criminal business of the Session.
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Bibliographic details
Lyttelton Times, Volume XXIV, Issue 1481, 11 September 1865, Page 2
Word Count
292SUPREME COURT. Lyttelton Times, Volume XXIV, Issue 1481, 11 September 1865, Page 2
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