APPEAL FAILS
CONVICTION FOR THEFTS. (Per United Press Association.) Wellington, June 28. The Appeal Court has delivered judgment in the case of James Milward Houston, who applied for leave to appeal from his conviction upon 45 counts relating to alleged receiving of certain moneys and failure to account for them to John Bums and Co., Ltd. The Court dismissed the application without calling upon the SolicitorGeneral to reply.
The Chief Justice said that upon true construction of the agreement entered into by the parties, prisoner was required to account for and pay to John Bums and Co., Ltd., the landed cost of goods sold by him, plus 15 per cent. If prisoner was required to account and he fraudulently omitted to do so, he committed theft and was properly convicted. The question whether or not proper accounts had been kept by him was one for the jury who had answered it in the negative. Justices Reed, Ostler and Johnston also agreed in this view.
The application filed by prisoner himself for leave to appeal against the sentence imposed was also dismissed.
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Southland Times, Issue 22362, 29 June 1934, Page 8
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181APPEAL FAILS Southland Times, Issue 22362, 29 June 1934, Page 8
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