COURT OF APPEAL.

Star (Christchurch), Issue 5568, 18 May 1896, Page 3

COURT OF APPEAL.

TPer Press Association^ WELLINGTON, Mat 18. The case of Eeginav. Annie Brown is being argued in the Court of Appeal today. The case is one stated by the Chief Justice for the opinion of the court, the appeal being, under Sub-section 6 of Section 412 of the Criminal Code Act. The accused, Annie Brown, was indicted jointly with her 1 husband, John Henry Brown, for performing an illegal operation. They were tried separately, and both were convicted. In the case of Mrs Brown, the jury in answer to a question put by the Chief Justice, found that she was married to the male accused and acted under his marital control. There was no evidence that in what she did she acted under compulsion by threats. The Chief Justice reserved for the Court of Appeal the question whether under the criminal code, marital control (or command without actual compulsion) is a defence. The Chief Justice directed the jury that if they thought the crime .was concerted between the two accused, then the acts and declaration of each, in furtherance of a common design, though not in the presence of each other, were admissible against the other. A further question reserved was Whether this direction was correct. Mr Jellicoe appears for the accused, and Messrs Gully and Gray for the Crown,