COURT OF APPEAL.

Otago Witness, Issue 2978, 12 April 1911, Page 58

COURT OF APPEAL.

CRIMINAL CASES TO BE REHEARD. WELLINGTON, April 10. The Appeal Court to-day heard the case reserved by Mr Justice Cooper ct Rex v. Havard, alias Shepherd. 'xhe prisoner was charged with stealing a sheepdog, and on a second count of reeeiv'ner a dog knowing it to have been dishonestly obtained. The jury found that there was not sufficient evidence to prove that the accused.stole the dog, and on the £econd count that the prisoner detained the dog knowing the dog to have been stolen. The questions for the opinion of the court were :—(1) Was there evidence to go to a jury in support of the count of receiving thedog knowing it to have been dishonestly obtained? and (2) if so,, Was the verdict of the jury a verdict of guilty oi the charge contained in the s.cond count of the indictment? lue Solicieor-general appealed for the Crown. Prisoner was unrepresented. The court intimated on the first question that they thought there was evidence sufficient, and asked the Solicitor-general to confine the argument to the second point. The court, after hearing the Solicitor-general, gave judgment, holding that the verdict was too ambiguoous and inconclusive on which to found a verdict of guilty, the word " detained " not showing when the prisoner's guilty knowledge arose, and ordered a new trial of the prisoner upon the second count at the next sitting at Palmerston North.