APPEAL COURT.

Oamaru Mail, Volume XXXVIII, Issue 10517, 27 July 1910, Page 6

APPEAL COURT.

(Pek Pbess Association.) Wellington, July 20. The Court of Appeal (Sir Robert Stout and Justices Cooper, Edwards, Williams, and Chapman) sat to hear the case of Rex v. Gnrbicb... Accused was indicted at the sittings at Auckland on a charge of a sexual offence. The evidence relied upon by the Crown was that of'the girl against whom the offence was committed. Since the accused was committed for trial he had married the girl. The Judge in the lower court had directed the jury to acquit- the accused as the girl objected to give evidence against her husband. The Solicitor-General appeared for the Crown and Mr Bamford for the prisoner. The Solicitor-General submitted that the wife was a competent but not a compellable witness. Mr Bamford was not called upon. The Court held that the judge in the court below was In the case Rex. v. Schapero, the prisoner was convicted under the Bankruptcy Act for failing to keep proper books'. The prisoner was a foreigner, and ignorant of book-keeping and ignorant that he was committing an olfence. Sir Robert Stout held in the Suprems Court that knowledge was not essential, and if they were satisfied that books were not kept properly th«\v should convict. After argument by Mv Levi for the prisoner (Sir Ostler, lor the Crown was not called) the Court unanimously decided that the conviction be affirmed.