CRIMINAL APPEAL CASE.

Otago Witness, Issue 2996, 16 August 1911, Page 53

CRIMINAL APPEAL CASE.

NEW TRIAL ORDERED. WELLINGTON, August 9. In the case Rex v. Reynolds and Peterson the Appeal Court was unanimously of opinion that there should be a new trial, there being a substantial miscarriage of justice, as the Crown was entitled to have a jury’s verdict upon the evidence adduced. They held (Sir_R. Stout, Chief Justice, assenting t) this view) that he was wrong in directing the jury to acquit the prisoners, but that he ought to have left the case to the jury, with the warning that it was unsafe to commit on the uncorroborated testimony of an accomplice, but that they were entitled to do so. The direction given by Sir R. Stout was for' the express purpose of obtaining a ruling on the question. The court (Sir R. Stout here dissenting) also considered that the prisoners should have a separate trial. This was refused by Sir R. Stout in the court below. He now thought this question should be left to the judge who should preside at the trial. A new trial mas ordered, leaving counsel for the prisoners to apply . for a separate trial should they wish it.