APPEAL COURT DECISIONS.

Otago Daily Times, Issue 12649, 29 April 1903, Page 5

APPEAL COURT DECISIONS.

(Per United Puf.ss Association.)

WELLINGTON, April 28.

Tho Appeal Court gavo judgment, this morning in tho caso tho King v. Blight. A man named William Georgo Blight was convicted at Wanganui of indecent aosault on a girl under 16, on an indictment under section 188 of "Tho Criminal Code Act, 1893." It was clear upon tlio evidence that the offence was ono within section 196 of tho Code, and that owing to tho lapse oi time flie prisoner could not bo prosecuted under that section. As the judge . entertained doubts whether tho facts'which, constitute tho crime mentioned in that 'section could bo relied upon by tho Crown to support an indictment under section 188, ho postponed sentence, and reserved for tho Court of Appeal the question whether the prisoner was properly convicted. The court by a majority quashed the conviction. Order mado that accused bo discharged. The Appeal Court also gavo judgment in tho caso of the King v. Minute., Tho latter was convicted at Timaru of incest, and tho point was reserved whether tin illegitimate son could be held guilty of incest. Tho court were unanimously of opinion that section 2 of "The Criminal Codo Act, 1C93, Amendment Act, 1900," defines incest as referring to natural relationship and legitimate relationship, and that it was not necessary to bring persons within its limits. On tho question whether a conviction under section 188 could have stood, although the evidence showed that tho major offence was defined wider section 196, their Honors differed in opinion. The conviction on tho charge of incest was confirmed.