APPEAL COURT.

Otago Daily Times, Issue 19616, 21 October 1925, Page 8

APPEAL COURT.

M'KECHIES ACQUITTED. CONSPIRACY NOT LEGALLY POSSIBLE. (Pee United Pbess Association.) WELLINGTON. October 20. In the King v. M'Kechie a majority of the Appeal Court held that husband and wife cannot conspire together, and the male accused should bo acquitted and the female accused discharged. The second division of the Appeal Court, comprising the Chief Justice (Sir Robert Stout), with Mr Justice Adams, Mr Justice Sim, Mr Justice Reed, and Mr Justice Ostler, hoard on September 29 argument in a case stated by Mr Justice Sim for the opinion, of the court under section 442 of the Crimes Act, 1908. The case arose out of the Dunedin criminal sittings of August last, when David M'Kechie was charged with indecently assaulting one Hilda jsarnes, and with bis wife, Ruby Hinton M'Kechie, was further charged on four counts of conspiring with one another by false representations to induce Hilda Barnes to commit adultery with David M'Kechie. At the close of the case for the Crown counsel for accused contended that, as they were husband and wife, they could not be guilty of the offences charged against them in'the last four counts of the indictment. The queation for the opinion of the court was whether the accused, being husband and wife, could be guilty of the offence created by section 219 of the Crimes Act. Mr C. J. L. White (Dunedin) appeared for the accused, and Mr Fair, K.C., for the Crown. BARRISTER. SUSPENDED. (Peb United Pbess Association.) WELLINGTON. October 20. The Appeal Court thought it sufficient to suspend W. J. Organ, barrister, of Wellington, for 12 months. Organ to pay costs (15gna). The application made by the Law Society was to have Organ struck off the rolls. The oharge was fraudulent conversion of money to his own use.