CRIMINAL APPEAL.

Dominion, Volume 6, Issue 1722, 12 April 1913, Page 21

CRIMINAL APPEAL.

JURY'S VERDICT. WHAT WAS' THE MEANING OP IT? An Auckland criminal -appeal came before the Court yesterday afternoon, in the form of u case reserved by Mr. J usticii Edwards. The Bench was occupicd by the Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justice Edwards, Mr. Justice Coiper, and Mr, Justice Chapman. It appeared.that in the Supreme Court at Auckland on December !, 2 last two charges of stealing'cattio wero. preferred against Edward Bourke, a fanner, of Matahuru, a. settlement near Iluntly. Accused was-charged firstly .with stealing four cows and three heifers, and secondly with stealing three. cows.' In addition, ho, was charged.ivitir having five of the stolen cows in his, possession at Panakuru, on June 4.. Ho-'pleaded not guilty, but after fairly lengthy cvidenco had been taken, tho . jury brought in a' verdict against tho accused on< tho third count. Ho was remanded for sentonco until .December 7. When Bourke appeared beforo his Honour on the appointed date, Dr. Bamford, who" represented the accused, pointed out that tlio exact text of tho |ury's verdict jwas as follows:"We find tlie. prisoner guilty of being in possession of stolen property and being a party to tjie sale of it, but wo respectfully urge leniency, as there is'not sufficient evidence to show that he actually etolo tho cattle." ':Dr. ,; -Bamford ' asked that his-Honour might'state a case for the Court of Appeal'for the purpose of deciding whether the findiug to a verdict of guilty. In his own - opinion tki, finding constituted itspccial verdict and was not a general verjJiQt -of guilty. Ho contended further, that tho. jury, had not indicated that the accused knew that tho cattle were stolen.' His Honour, after hearing counsel on both 6ides, decided to state a case for the Court of Appeal, and in the meantime Bourke was admitted to bail. ' The - questions submitted to the Court yesterday were':— ' . , (1) Was the verdict of tho jury a verdict of "Not Guilty" under the first . and second counts? (2).' Was, the verdict of the jury a . verdict of "Guilty" under tho third count? The. Attorney-General (the Hon.' A. L. H'erdman) appeared for the Crown yesterday,' while Dr. Bamford, of Auckland,, again appeared for Bourke. After .hearing legal argument; the Court reserved decision.