Appeal Court
Per United Press Association
WELLINGTON, Kov. It
The Appeal Court quashed the conviction of Scully, convicted at Westport. The Court was unanimous that it was sullident for the pur Poses of the criminal code that ther should be intention on the part o the person procuring or supplying a instrument to use it for illegal purposes. The majority, however (Judge Edwards, Cooper and Chapman) considered such intention must exist at the time of procuring it. It appear- i ed that accused purchased the instrument a considerable thnp before lie suggested its use. and as thero was no evidence that at the time ho j bought it he- intended it should bo i used for an illegal purpose, the con- j viction could not stand. Judge Denniston dissented. The Court refused to amend the Indictment so as to alter\the charge to one of attempting to supply am instrument for illegal purposes.
In tho case N.Z.L. and ]tf.A. Co. v. Tieid. judgment 1 w a s held over, ami tho Cpurt adjourned to Bth February.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/ST19031113.2.20
Bibliographic details
Southland Times, Issue 19202, 13 November 1903, Page 2
Word Count
175
Appeal Court
Southland Times, Issue 19202, 13 November 1903, Page 2
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