COURT OF APPEAL

Dominion, Volume 8, Issue 2512, 13 July 1915, Page 9

COURT OF APPEAL

LAW POINT IN CRIMINAL TRIAL When tli© Court of Appeal (first division) sittings were resumed yesterday, the 'Bench was occupied by Their Honours the. Chief Justice (Sir Robert Stout), Mr. Justice "Dcnniston, Mr, Justice Sim, and Mr.' Justice Stringer. -Tho : case before the Court was that of H.M. the King v. Peter Francis 'Rogan—a special case stated by His- Honour Mr. Justice Chapman under the- provisions of Section M 2 of the Crimes Act, 190 S. The Solicitor-Gen-eral (Mr.'J. W. Salmond, IC.C.), with h,im Mr. C. .R. Fell, of Nelson, appeared for tho Crown, while Mr. Callan./- of Nelson, appeared for Rogan. / Roean-"iraa a general attendant at the Boys Training Farm, at Stoke,, his appointment being -under the Civil' Service Commissioners. At the June sittings of the Supremo Court in Nelson, Rogan was arraigned in one indictment upon three charges of indecent assault upon boys. He was convicted on one count of the indictment, and received a sentence of ten years' imprisonment with hard, labour. At the trial, counsel for the prisoner moved for a separate trial with respect to every courft, 'but His Honour allowed tho thireo oases to be' heard together, Counsel 'alsoV objected to certain evidence introduced by the Crown, and His Honour consequently referred to the Court of Appeal ior an answer to the question: Was the prisoner rightly convicted? ■ After' heaiing legal argument, the Court reserved decision. . LEAVE TO SET DOWN. , The Court of Appeal yesterday granted leave to Sir. E. G. Jellicoe to set down his appeal against the decision of His Honour Mr. Justice Chapman in the case in whicli John Council and William Kingston Connell were adjudicated bank-' rupt. T!he appeal is to be heard during the present sittings, of the Court.