COURT OF APPEAL.

Star (Christchurch), Issue 5699, 19 October 1896, Page 3

COURT OF APPEAL.

[Per Press Association.! WELLINGTON, Oct. 19. A motion to suspend the further execution of the sentence in the case Regina v. Annie Brown is being argued in the Court of Appeal to-day. The accused was convicted of procuring abortion, the jury finding, however, that she acted under the control of her husband. There was no evidence of compulsion by threats within Section 24 of the Criminal Code, and what was done by the accused was not done in the presence of her husband. The question was reserved for the Court of Appeal- whether, under the circumstances, marital control was a defence. The Court of Appeal held, at its last meeting, that it was no defence, and the accused was aftewards sentenced to two years' imprisonment. The Privy Council subsequently granted the accused leave to appeal against this decision, but the appeal has not yet been heard, and cannot be heard for some time; and the present application ; is to suspend further execution of the j sentence pending the determination of the Privy Council. Mr Jellicoe is for the accused, and Mr Bell for the Crown. Mr Jellicoe admitted during his argument that the Court of Appeal had no jurisdiction to interfere, but it was agreed that the judges should be considered as sitting in the Supreme Court.