INCITING TO CRIME.

Press, Volume LXVII, Issue 20183, 11 March 1931, Page 3

INCITING TO CRIME.

CONVICTION UPHELD. I I (£BXBB -ASSOCIATION < TELEdBAM.) WELLINGTON, M&rch 10. | The Court of Appear to-doy consid- | ered, a case under tho Crimes Act I from Napier. | > Leslie William Gibbons was charged | at l tho last l sittings of Supreme Court, at papier that he attempted to I incite George Reginald' garrison to | commib a crime, punishable with imprisonment with hard labour for three i years or. upwards, toi.wit, breaking and | entering and theft from a warehouse, i' At the conclusion of the Crowta case | in Napier, counsel for the aqcused submitted there was no evidence of incitement, and that the. evidence given most amounted to evidence of a; I request by the accused to Harrison. It .was.ateo contended, by him that hi i order to constitute' incitement,, or attempt to incite, there should be proof of something in, *iie nature of urging, stimulating, or inciting, and that 1 proof that a mere request was not acceded to, , was not sufficient. Mr ! Justice Blair directed the jury that, if i they accepted tho evidence eircri by ; Harrison the accused shouid be con- , victed of an attempt to incite. The- [ jury found him so guilty, with a strong | recommendation to mercy. The Judge then reserved' for tho opinion of the | Court of Appeal on the question wlie- [ ther the evidence of Harruson was <or- | roborated.

Mr C. H. Taylor,, for the Crown, ! to-duy submitted/that the evidence of Harrison disclosed:' moi;e on the part of the:aoiused tihan a mere request. •The Court, however, informed counsel they did not desire to hear 4 him further; and that they were-of opinion that the position was plain enough there being obviously sufficient evidence' on which the -jury was entitled to find prisoner guilty.' The . answer of the Court was ' 'that the evidence given was sufficient, to support a cqnviction. The prisoner was not represented.