COURT OF APPEAL

Dominion, Volume 9, Issue 2731, 28 March 1916, Page 9

COURT OF APPEAL

PHASES OF CRIMINAL LAW

When the Court of Appeal sittings were resumed yesterday, the Bench was occupied by Their Honours tho Chief Justice (Sir Robert Stout), Mr. Justico Edwards, Mr. Justice Cooper, Mr'. Justice Sim, and Mr. Justico Hosking. There wore two cases before the Court, both dealing with certain aspects of criminal law. At tho last sitting of the Napier Supremo Court a woman named Elizabeth Russell was charged that on May. 6, 1915, at tho Napier Hospital, she unlawfully, abandoned a child under tho age of two years. Accused took tho child from another woman on a train, and subsequently left it at the Napier Hospital. Mr. 13. Dolan, who appeared at the trial for the prisoner, contended that the evidence did not disclose an offence against Section 109 of tho Crimes Act, under which prisoner was indicted'. His Honour' Mr. Justice Edwards directed tho jury that if they found that tho prisoner had left the child in. the custody of tho authorities of tho hospital, intending to cast tho burden of its maintenance upon the Charitable Aid Board, they_ should find the prisoner guilty. A verdict of guiifcy was returned. As the prisoner had already been four months in gaol awaiting trial, His Honour ordered her to come up for sentonoe when called upon.. The question as to whether the prisoner was properly convicted was reserved for tho opinion of tho Court of Appeal. When it camo on for argument yesterday, the Solici-tor-General (Mr. J. W. Salmond, K.C.) appeared for the Crown, while Mr; 13. appeared for the prisoner. Argument having been heard, the Court reserved decision.

Tho same counsel appeared in the second case, the King v. Olive Theresa Haynea and Thomas William Haynos. The female prisoner was arraigned at Napier on a charge of having made a <alse declaration before a Justice of the Peaco to the effect that certain furniture andpersonal effects were destroyed by fire in a home burned down at Mangatoro, Hawke's Bay, on December 12, 1915, with intent to defraud the Atlas Insurance .Company. The male prisoner was charged with aiding, andabetting the commission of the offence. The jury returned a'verdict of guilty, and the question at issue was whether \tie verdict w»s correct and whether tho declaration was in such a form as to Oring_ it v undor the terms of tho Act. Oicision in this case also was reserved.