COURT OF APPEAL.

New Zealand Times, Volume XXIX, Issue 4120, 4 June 1874, Page 2

COURT OF APPEAL.

Wednesday, June 3. (Before the Chief Justice, Mr. Justice Johnston, Mr. Justice Grcsson, and Mr, Justice Chapman.) THE QUEEN V. GOUDGE. Prisoner had been tried at Auckland before the Chief Justice on an indictment for an assault with intent to commit an unnatural offence. To this he pleaded that it was not the offence for which ho had been committed by the magistrates. The objection was overruled, and the jury found him guilty. He was afterwards arraigned on a charge of having actually committed the offence, and pleaded autrefois convict. Both cases were reserved for the opinion of the Court of Appeal, and the following judgment was now given : After full consideration, we are unanimously of opinion that the first indictment docs not come within the second section of the Vexatious Indictments Act 1870. As to the second indictment, if we arc to take the case, as stating that a judgment was given on demurrer, we are of opinion that we have no jurisdiction to determine the matter, as it is a proper subject for Error. (Beg. v. Padcrman, 1 Ben. C.C.) It is, however, unnecessary that the question should bo determined as the first conviction is supported, and we cannot anticipate that further proceedings will bo taken on the second indictment except by entering a nolle ■prosequi. The decree of the Court is that judgment be given on the conviction on the indictment for assault, with intent, at the next sittings of the Circuit Court at Auckland. The Court adjourned till eleven a.m. this day (Thursday).