KELLY TRIED AGAIN

New Zealand Times, Volume L, Issue 11685, 24 November 1923, Page 5

KELLY TRIED AGAIN

CHARGE OF MANSLAUGHTER. JURY DISAGREE. Bv Telegraph.—Press Assn. —Copyright, MELBOURNE, November 23. The jurv disagreed in the re-trial of David Kelly on a charge of the manslaughter of Ada Florence Overall, and he was remanded till the December sessions The High Court at Melbourne, on October 27th, on an appeal from tho Full Court of Victoria, unanimously squashed tho conviction of David Kelly, who, on June 20th was found guilty of the manslaughter of Ada Florence Overall, at Millgrove, in June of last year. The prisoner admitted having burnt the body. At the first trial the jury disagreed, and at the second, Kelly was found guilty of manslaughter and sentenced to 10 vears’ imprisonment. The High Court found that a miscarriage of justice had occurred at the second trial, in that, although the Crown Prosecutor had put the charge of murder only to the jury, a charge of manslaughter was subsequently sprung on Kelly, when he was afforded no proper opportunity of defending himself. The conviction was accordingly quashed, with a new trial only on a charge of manslaughter. The court added that it was of opinion that accused, having been found not guilty of murder, could not again .bo prosecuted or tried on that charge.