JUDGE DIRECTS JURY TO ACQUIT ON ONE CHARGE; SECOND COUNT ADMITTED

Wanganui Chronicle, 7 November 1950, Page 8

JUDGE DIRECTS JURY TO ACQUIT ON ONE CHARGE; SECOND COUNT ADMITTED

Without leaving the box, and acting on the direction of Mr Justice Hay, a jury in the Supreme Court at Wanganui yesterday returned a verdict of not guilty in the case of Peter Ray Packer, labourer, aged 19, charged with breaking and entering the countinghouse of the Civic Service Station Ltd. on October 9 last and committing theft. Packer, for whom Mr J. S. D. Tizard appeared, had pleaded guilty, nowever, to an alternative charge of receiving a pair of binoculars valued at £lO, knowing them to have been dishonestly obtained. He had denied the first charge of breaking and entering. After a jury had been empanelled, the Crown Prosecutor, Mr N. R. Bain, said he was prepared to accept the plea of guilty on the receiving charge and would offer no evidence on the first count. Mr Tizard also intimated that he would call no evidence.

His Honour said the jury’s task was an easy one in this case. They may wonder why it was necessary to empanel a common jury, but this was essential as a matter of procedure as the case had already gone before the Grand Jury and a true bill returned. “The Crown is satisfied to accept the plea on the second count, therefore he will stand convicted on the receiving charge," His Honour added. “It is my duty to direct that on the first count you return a verdict of not guilty.” The jury acquitted Packer on the charge of breaking and entering and he was remanded for sentence on the receiving charge.