APPEAL COURT.

Taranaki Daily News, Volume LIV, Issue 109, 28 October 1911, Page 2

APPEAL COURT.

REX v. ROAKES. By Telegraph—Pres3 Association. Wellington. Friday. The Court of Appeal ,in the Crown reserved ca.-e of Rex v. Boakes held that the conduct of the Crown Prosecutor and Pattie Kite did not raise a point of law which could be reserved under ; section 442 of the Crimes Act. and that the court had therefore 110 jurisdiction. The court, however, were of opinion that there was grave irre gularity in the trial that must have influenced the minds of the jury, and that a miscarriage of justice had resulted. The judges further stated that they were glad there wa< '•fill a remedy by application to the Governor-in-Couneil. A NEW PLYMOUTH CASE. j Wellington. Friday. The Court of Appeal gave its reserved judgment in the ease of Schmidt and Bellxhaw v. Greenwood. The court unanimously held that the finding of fraud by the judge ill I lie Supreme Court ought to be reversed, as not bcing supported by evidence. They ordered questions of warranty and innocent misrepresentation to be argued at the next sittings. Costs were reserved till then.