NEW TRIAL SOUGHT

New Zealand Herald, Volume LXX, Issue 21562, 5 August 1933, Page 9

NEW TRIAL SOUGHT

ASSAULT AT PUKEKOHE LEAVE TO APPLY GRANTED Leave to apply to tho Court of Appeal for a new trial on tho grounds that the jury's verdict was against the weight of evidcnco, was granted to Mr. Noble by Mr. Justice Smith in the Supremo Court yesterday, when Patrick Ryan, aged 32, and John James, aged 28, appeared for sentence on a charge of assaulting James MeCorniiek in Queen Street, Pukekohe, with intent to rob him. "I think that the jury was not justified on the proved facts in finding accused guilty," Mr. Noble said. "It is not a question of conflict of evidence, but inferences were drawn by the jury from proved facts which were not sufficient to justify a verdict of guilty. The evidence shows that accused passed along the road seven or eight minutes after McCormick and that at a spot only 300 yds. away, McCormick was assaulted by two men who- came from in front of him,'not from behind him. It has never been proved that these men ever saw McCormick. Thoy had blood on them Inter in the evening, but this was accounted for by the fact that they had had a fight among themselves." His Honor said accused's story to the polico was completely untrue. Mr. Hubble, for the prosecution, said the proved facts wero certainly sufficient for a conviction. "Counsel has mado a point which may permit of argument," His Honour said. "Counsel has leave to apply to the Court of Appeal for a new trial."