COURT OF APPEAL

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8865, 16 July 1907, Page 2

COURT OF APPEAL

Press Association. Wellington, July 15. The Court of Appeal was engaged to-day with Rex v. Peddle, who was tried recently at Napier for assaulting a sheriff. At the close of the evidence for the Crown Mr Baume, K.C., counsel for prisoner, contended that the prisoner must be acquitted on the grounds (1) tiiat there was no proof that the condition as to payment of purchase money, had been fulfilled, therefore the writ of possession was bad; (2) there was no proof that Cutten was sheriff at the time of the assault; (3) that there was no evidence of the identification of the land, and therefore Cutten was a trespasser, and the assault was justified. Prisoner was convicted by the jury) aqc{ Judge Cooper reserved for opinion at the Court ,of Appeal the question whether he was rightly convicted. Mr Baume, K.C., and Mr Levi appeared for the prisoner, and Mr Myers for the Crown. Mr Baume stated the facts as above and’referred to the evidence, and his address was not concluded when the Court adjourned until 10.30 to-morrow. July 16. In Rex v. Peddle, the Appeal Court, without calling on the defence, gave judgment that Ontten’s appointment as Sheriff was'perfectly valid; that if he exceeded his power) as to which the Court expressed no opinion, Peddle’# remedy was by ~

action, and the assault was not justified; and lastly, that if the land was not sufficiently identified that omission was cured by prisoner’s admission in giving evidence. Thq conviction was therefore affirmed. "•