A CONVICTION QUASHED.

New Zealand Herald, Volume XXXIX, Issue 11872, 25 January 1902, Page 6

A CONVICTION QUASHED.

At tho Supreme Court; yesterday morning, Mr. Justice Conolly sitting in banco, dealt with an application made by Mr. J. R. Reed for the quashing of a conviction recorded by Messrs. R. F. Webster and John Cauless, J.P.'s, against Charles Reid.

Mr. Reed said he made the application oil the grounds that the conviction was . bad at law, and that the justices had 110 jurisdiction as in offences where a man was liable to more than three months' imprisonment, not being an assault,, he was entitled to the option of being tried by jury. Mr. Reed read tho affidavit of Charles Reid, to the effect that on November 30, at Mercer, while under the influence of liquor, he jumped into the Waikato River, and swam, in view of the people, while in a nude condition ; that he was subsequently charged with indecent exposure, and sentenced to six months' Imprisonment; that lie was not told he had the option of being tried by jury, nor was ho aware ho had any such right. Mr. Reed then claimed that a man was entitled to be warned of his right to be tried by my, and quoted decisions bearing out his contention. •His Honor said he thought there was no doubt that this was a caso where the information ought to have been given to the accused that ho had a right to be tried by jury, but it was quite possible that neither the justices nor the man himself was awaro of the fact. That, however, had nothing to do with the matter. The conviction must bo quashed. Mr. Reed asked for a writ of habeas corps to obtain tho man's release. He had been informed by the gaolers that that was neces-

sary. His Honor said it was almost like a man being found not guilty, and the Court ordered his release at once ; he went out of the dock immediately. Mr. Reed said it would bo well if there was added to the rules provision for the immediate releaso of a'man following upon the quashing of an indictment._ His Honor granted a rule nisi, returnable at ten a.m. to-day, when it may bo made absolute. • '