CHARGE ALTERED

New Zealand Times, Volume XLVII, Issue 10853, 19 March 1921, Page 11

CHARGE ALTERED

MANSLAUGHTER TO MURDER. A JUDGE ON “INTENT.” An interesting discussion took place at Brisbane in the criminal sittings of the Supreme Court between the Chief Justice, Sir Pope Cooper, and the Crown Prosecutor, Mr Kingsbury, on the decision of the Judge that the prisoner before the court should be indicted on a more serious charge than the one preferred against him. Philip William Charles was charged with the murder Of Herbert Aspinall at linbil, near Gympie, in Deember last, and Mr Kingsbury explained that while an auction sale was proceeding’ at a dairy faim a young man named Ledger was knocked down by Aspinall, and Charles, who was a couple of yards in the rear, then picked up a stick and felled Aspinall, skull. Tils Honour: From what you say, it appears to me it is a case of wilful murder.

Hi Kingsbury: Accused was acting under sudden passion, seeing his friend knocked down. Mis Honour : Does that entitle another roan to pick up a stick and knock deceased’s brains out? Mr Kingsbury: Your Honour thinks on the facts as I have opened that the intent must have been to kill? His Honour: I think so.

Mr Kingsbury: In that case I enter a Iloilo prosequi and "present an indictment for wilful murder. His Honour said he thought it would bo necessary to have a new jury. He thereupon adjourned tho case, and instructed the jury empanelled not to discuss what they heard of Mr Kingsbuipr's opening, and not to give anyone the impression that the prisoner was in greater peril than before. He added that he did rot. think a similar circumstance had arisen before in Queensland.