CONVICTION QUASHED.

Timaru Herald, Volume CXXIII, 7 October 1926, Page 5

CONVICTION QUASHED.

MAGISTRATE OVERRULED. By Telegraph—Press Association AUCKLAND, October 6. Mr Jir.fticc Herdman, giving judgment on an application for a writ of habeas corpus, arising from the decision of Mr F. X. Hunt, S-M., who, on Sopitemhcr 8. found William George Cavenett guilty on two charges of theft, and sentenced accused to two months’ imprisonment on the first charge and one month on the second. - An application for leave to appeal was refused by Mr Hunt, who said •There is too much of this appealing. I am going to put a stop to it.” Mr Justice Herdman said it was plain that the jUagistrate altered his decision on the second charge afler (•he matter of an appeal against tile sentence of two months’ imprisonment <>n the other charge had been mentioned. ft was evident that the Magistrate intended io make certain that no matter what- was the fate of the appeal .(gainst tile decision on the first charge mi'ght be, Cavenett should suffer imprisonment. and accordingly he refused to increase the sentence by one day, as that appeal proceedings could be taken, On the second charge the man was sentenced to imprisonment no.t became ho had stolen an axe. but because counsel had taken a step which inferentinlly meant that the Magistrate’s judgment in another matter would be impeached.

The conviction was sev aside, and the prisoner ordered to be discharged. Costs were left in abeyance.