APPEAL COURT.

Wanganui Chronicle, Volume LXVI, Issue 7563, 6 May 1919, Page 7

APPEAL COURT.

A WANGANUI CASE

(Per Press Association.)

WELLINGTON,'May b. Thfe Court of Appeal heard the case of Rex v. Parker. The prisoner was tried at Wauganui in December on an indictment containing three counts, one charging him -with, robbery, a second with theft, and a third with assault. The jury found the prisonei guilty on the third count, and gave h special finding on the other two counts "that, after the assault, under the threat of further violence, Wintvood handed over money to the accused." The Judge directed the ;:ury to return a verdict of guilty on the second and third counts. This the jury did, and the prisoner was sentenced to six months on the third count and 15 months on the second, the sent, ences to run concurrently. The presiding Judge (Mr Justice Chapman; reserved the following questions for the Court of Appeal: (1) Was the verdict of guilty one on which pentenoe could property be passed? (2) Was the direction to the jury following upou the finding, to return a verdict of guilty, correct ? (3) Is the verdiot supportedly inconsistent with the evidence? i Mr. Edwardß, for the prisoner, submitted: (1) That the special finding of the jury dees not amount to a verdict of guilty of robbery, or of stealing. (2) That the verdict is inconsistent with the evidence. (3) That at the very least the verdict is ambiguous, anJ a new trial should be granted.

Mr. Crown

Macassey appeared for , the

Judgment was reserved.