A SERIOUS CHARGE.

New Zealand Herald, Volume LXIII, Issue 19320, 6 May 1926, Page 12

A SERIOUS CHARGE.

JURY FAILS TO AGREE. The jury could not agree in a case at the Supreme Court yesterday in which Robert William Thompson' pleaded not guilty to two charges arising out of an alleged attempted indecent offence at Victoria Park, Auckland, on April 5. The caso was heard before Mr. Justice Herdman. Mr. Paterson, who prosecuted, said that it was alleged that the accused and another man were concerned in the affair. Both violently resisted arrest and tho other man had escaped. For the defence, Mr. Sullivan called evidence to show that on the day mentioned in the charge accused was in an advanced state of drunkenness. Accused, in the box, denied any recollection of attempting to commit an offence. . After deliberating for three hours the jury returned to ask n question relative to the effoct of the sobriety of the accused on the charges. His Honor pointed out that drunkenness was no defence to a crime. It had been laid down in a celebrated case, however, that in considering whether a man intended to commit a crime evidence of drunkenness might be taken into consideration. The jury, after a retirement of four hours, failed to agree and a new trial was order. The case will be mentioned next week.