NEW TRIAL ORDERED

Otago Daily Times, Issue 23014, 17 October 1936, Page 9

NEW TRIAL ORDERED

ASHBURTON LIQUOR CASE JUDGE’S ERROR OF PROCEDURE (Per United Press Association) WELLINGTON, Oct. 16. Bernard Lewis Blackwell, of Ashburton, was convicted at Timaru in July on two counts alleging sale of liquor without being duly licensed on two separate occasions. To each count was added the allegation: “ He having been twice previously convicted of . siting liquor without licence,” followed by particulars of the previous convictions. In summing up, the trial judge, Mr Justice Northcroft, had informed the jury that the portion of the indictment relating to previous convictions had not been read to them, and had then read the whole indictment. On a case being stated for the -'opinion of the Court of Appeal whether the direction to the jury was correct, it held, in a judgment delivered to-day, that it vyas not proper to direct the jury in that way, and that there must be a new trial. The procedure adopted by the trial judge was wrong: (1) Because the prisoner had given no evidence of good character; and (2) his Honor, in effect, invited the jury to resume that the previous convictions had been proved.