APPEAL FROM VERDICT.

New Zealand Herald, Volume LXIX, Issue 21232, 12 July 1932, Page 13

APPEAL FROM VERDICT.

MISDIRECTION ALLEGED.

EVIDENCE REGARDING ALIBI.

[by telegraph.—press association.] WELLINGTON, Monday.

The Court of Appeal to-day heard the appeal of Marwood Dean from the verdict of the jury convicting Him on 6ve charges of carnal knowledge of a girl under the age of 16. Accused denied the charges, and raised the defence of an alibi. He was tried before Mr. Justice Smith in May, 1932, but the jury failed to agree. A second trial was held before Mr. Justice Herdman, when the jury returned a verdict of guilty, but the Judge reserved questions of law as to misdirection for the opinion of the Court of Appeal. The specific grounds upon which the appeal is based wore that at tfie trial the Judge misdirected' the jury, that definite dates sworn to in evidence by the girl as being the only dates on whicji the offences were committed were immaterial, and also that at the trial the Judge omitted to direct on the defence of alibi. Application was also made for a new trial on the ground that the verdict was against the weight of evidence. Counsel for appellant submitted that the Court of Appeal had jurisdiction to entertain an appeal if there _ was a grave possibility that a miscarriage of justice would otherwise occur. He contended that the trial Judge had not directed the jury that they could not coijvict accused unless they definitely rejected the defence of an alibi brought forward by the accused. This omission virtually amounted to a misdirection on a point of law, entitling him to a retrial. The Solicitor-General submitted that the direction of the trial Judge in no way misled the jury. If it was necessary to prove conclusively the exact date of the occurrence of any offence such as the one alleged, the administration of justice would be severely handicapped. The trial Judge, he continued, was under no obligation to discuss the alibi, which had already been discussed by counsel at considerable length. The Chief Justice, Sir Michael Myers, said the Court did not desire at that stage to hear argument on the question whether the verdict was bgainst the weight of evidence. On the question whether there was on the facts such a misdirection of the jury as to entitle accused to a new trial, the Court reserved decision.