APPEAL COURT.

Stratford Evening Post, Volume XXXI, Issue 55, 19 October 1911, Page 6

APPEAL COURT.

(Per Press Association.) Wellington, October 19. The Appeal Court to-day had before at a case rather out of usual lines in the shape of Rex v. Boakes. Trie latter was tried for perjury in an affiliation case at Auckland. .During the trial complainant sat for the greater part of trie hearing facing trie jury, with a child on her lap about the age cf, that mentioned in the indictment —fair-haired like accused, and hair said to be brushed as nearly as possible' in the same way, as Boakes’. When the Crown Prosecutor referred to the child, Judge Chapman stopped IviuT. In the case stated the Judge says he, is unable to say whether trie jury were not influenced by the exhibition of the child. Tffe Appeal Court is now asked to say whether these facts vitiate the verdict, and if so, whether the conviction should be quashed, or whether there should lie a new' trial. Mr. D. Smith is for prisoner, and the Solicitor-General and Mr. Ostler for the Crown.