APPEAL COURT JUDGMENTS

New Zealand Times, Volume LXXIV, Issue 4951, 29 April 1903, Page 7

APPEAL COURT JUDGMENTS

Ychtorday inomuj'g judgment was given in several cases recently argued before tho Court of Appeal. THE KING v. BLIGHT. In this case tho- prisoner, AVm. George Might, had been found guilty on a charge of indecently assaulting a girl between tho age of twelve and sixteen years, and tho jury, after bringing in their verdict at tho trial, in answer to further questions, found the full offence of carnal knowledge of the girl had been committed by the prisoner, but with her consent. Tho prosecution had not been commenced till over nine months after tho commission of tho offence, and tho' question reserved for the Court was whether the prisoner had boon rightly convicted under the circumstances. The Court upheld the conviction, it being pointed out in the judgment that if it was not sustained, prisoners who committed tho fnjll offence would escape oven for indecent assault, if _tho prosecution was not begun in a month, 'while prisoners who proceeded no further than the indecent assault would be liable to punishment even if the prosecution was not begun for years afterwards. Mr Justice Williams dissented from the judgment. i Mr 801 l was for tho Crown and Mr Treadwell for the prisoner. THE KING v, MINNIS.

In the caso of tho King v. ’Minnis the finding of the lower Court was also upheld. _ The prisoner, Francis Minnis, was i indicted on two charges, viz.—(l) Incest with his sister, Emily Agnes Minnis. and (2) indecent assault. It was stated at the trial that,tho prisoner was the illegitimate son of Margaret (Minnis, who was the mother of Emily Agnes Minnis, but the father of Emily Agnes Minnis, who was the legal husband of Margaret Minnis, was not the father of tho prisoner. It was proved that the alleged indecent assault was in fact carnal knowledge by the prisoner of the girl. The point reserved for the' consideration of tho Court was whether the accused was the brother of Emily Agnes Minnis, in the meaning, of the statute. The words brother and sister, tho Court Vld, meant relationship by blood, not necessarily a legitimate relationship. Mr Justice 'Williams was of opinion that accused had heeu properly convicted on tho first count, but that tho conviction on the second count should be quashed. Mr 801 l was for the Crown and Mr Hay for tho prisoner.