Charge Of Attempting To Murder Brother

Chronicle (Levin), 1 November 1949, Page 2

Charge Of Attempting To Murder Brother

AUCKLAND,. Oct. 31. The second retrial of Ko'beft CoOTtiu*y !{(;eco, agell 19, a iabourer, 011 a I'harge oi altipupted murder of ln> brother, Wiliam Charles Keece, at Oue liuuga ua Aprii 21 wan held bel'oro Air. Justu-e Staiilou and a jury today. At previous triahs held in August two juries failed to agree. Aeeused Was also charged with wounding with intont to ea use grievous bodily harni, eausmg aelual bodily harm by *a negligent aet and eommun-assauJt. Opening the Crowu case Mr. Mereditli said the eharges urose from an ineident at aeeused 's home wlien his eldest brother, William, was shot at elose range in tlie stomacli witti a pea rifle. William had served overseas ju the Air Force and 011 his dischauge hau takou his place as head of the faiuih*. Aeeused had been runiiing wild (luring tiie u ar and William had tried to straighten- him up on his return. Mr. Meredith said that on the night of the alloged sliooting William was having his tea in the kitchen when aeeused came home after being out rabbit shooting with two pea rifies. Aeeused had gono to his rooin and tried to borrow some money from 1ns mother, and when William heard of tli:s he gave aeeused' a liiding and went baek to his tea. While still smarting undor the ehastisement the Crowu alleged tluit aeeused had entered the kitchen with a rifle. A se,uU'le took [ilaee in the passage with Mrs. Reeee trying to get liold of the ritle, and William was shot in the stomacli. Aeeused later went to the poliee station at Onehunga by liimsell and tohi Ihe sergojint he had shot his brother whont, he alleged, had been knoe king him tilmut. For aeeused M.r. Fortune said he aeted in self defenee. it was admitted that aeeused provoked his Itrother to assault him, but when his brother made for him he retreated down the passago. Aeeused was in fear for himself as he had been badlv treated previously by his brother and had been given a hiding that night. He fins.il ly aeted m desjtersition and there was 110 element of deliberation in the otTence. Hcturning a verdiet of guilty on the charge of causing aetnai bodi'lv harm by ti negligent aet, the jury added a rider stating that it felt aeeused 's aetion was eaused by the infiuenee ot the.e'hviroiiment of the youth 's acquaintauces. It was felt that this infiuenee should be taken into eonsideration when aeeused was senteneed. His Honour reiuanded prisoner for sentenec and prisoner was released on bail.