CONVICTION IN DOUBT
AN OMISSION FROM INDICTMENT QUESTION FOR APPEAL COURT (Per United Press Association) WELLINGTON, June IS. George Thomas White was charged in the Magistrate's Court at Taumaru- ... nui that on December 24, 1937, at Taumarunui, within a no-licence area, he kept liquor for sale. Having been ■ twice previously convicted of selling liquor in a no-licence area, he elected to be tried by jury instead of being - dealt with in the Magistrate’s Court, and he came up for trial at the Su- ... preme Court at Hamilton in May, 1938. , He was found guilty by the jury. When the Chief Justice (Sir Michael -> Myers) noticed that the indictment ;:’;, upon which he was charged did not " contain any reference to the two previous convictions, the Crown Prose- £ cutor informed the court that it had a been the practice since 1923 to refrain from stating the fact of previous convictions in the indictment. The Chief Justice then reserved for the opinion of the Court of Appeal the questions whether the conviction could stand in view of the omission to state the fact of previous convictions, unless the Indictment were amended and whether it was competent for the court to amend the indictment. ■ The Court of Appeal to-day reserved its decision- . ,
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/ODT19380617.2.147
Bibliographic details
Otago Daily Times, Issue 23528, 17 June 1938, Page 16
Word Count
208CONVICTION IN DOUBT Otago Daily Times, Issue 23528, 17 June 1938, Page 16
Using This Item
Allied Press Ltd is the copyright owner for the Otago Daily Times. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons New Zealand BY-NC-SA licence. This newspaper is not available for commercial use without the consent of Allied Press Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in