Appeal Court

Southland Times, Issue 19033, 29 April 1903, Page 2

Appeal Court

United Pres9 Association

WELLINGTON, April 23. The Appeal Court gave judgment in the case the King v. Blight. A-» roan nß«ued William George Blight was convictbd in Wanganui of indecent assaulton a girl under 1(5, on indictment onder aecticm 388 of 'tlie Criminal Code Act, 189JJ. As it was clear upon the evidence that the offence was one within section I*2o of the code, and thitt, owing to the lapse of time, prisoner could not be prosecuted under that section, and. as the Judge entertained doubts- whether' the facts which constitute the crime mentioned in that section could be relied upon by the Crown to support the indictment under section 188, he postponed sentence, and reserved for the Court of Appeal the question whether the prisoner, was properly convicted. The Court, by a majority, quashed the conviction order, and accused will be discharged.

The Court also gave judgment in tho case the King v. Minnis, who was convicted at Timaru of incest'' and the point reserved whether an 'illegitimate eon could be held guilty of incest. Tho Court u-tts unanimously 'of opinion that see, 2 of the Criminal Code Act, 1§93, Amendment Act J9OO. defines ' v "iii«MlT > a? referring to natural relationship and legitimate relationship is not necefcsary to. bring persona within its limits; On thft question whether a conviction under sec. JBrt could havo stood although tho evidence showed the major offence defined under sec. 19(5, their Honours differed in opinion. . The conviction on tbe icharge of incest; was confirmed.