COURT OF APPEAL.

North Otago Times, Volume CV, Issue 13858, 19 April 1917, Page 2

COURT OF APPEAL.

QUESTION- OP ADMISSION, OF EVIDENCE. . WELLINGTON, April .16. < The .Court of Appeal.tliis. afternoon heard argument in the ease of His Majesty the King v. Thomas McNamara. Prisoner was indicted at the November sittings of the Supreme Court on a charge of attempted indecent assault. During the hearing the Crown tendered a constable as witness, and'the..Crown Prosecutor asked if any complaint was made by the victim and its nature.' This evidence objected to by'counsel foi the pil«oner, The Chief Justice admitted the cvidenco of fact that the complaint was made, but not the nahire of the complaint. Prisoner was found ';mltj, and ms sentenced to fivo yews' imprisonment and d'eclared an habitual criminal i ' r The question for the Court is whether the evidence that complaitn was made to the constable was propeily admitted Judgment was resetted. ,