THE APPEAL COURT.
BmiNA v. Ah Youck.— This case was sent up from Otago. The defendant had been charged with defraud a bank, by selling a cake of spurious gold. The defendant had; been found guilty by a jury, in the Supreme Court The conviction of the lower Court was confirmed. Sort# of the Judges were of opinion that the conviction should have been for the full offence, and not merely for the attempt; but as this point was not reserved, nb decision was given on it. Regina v. Hennessy.— The defendant in this case had been charged in Christchurch with forgery. The hearing of the case was interrupted in consequence of the sudden serious illness of one of the witnesses, and the jury was discharged, having given no verdict. Subsequently the prisoner was again charged, a fresh jury empanelled, and a verdict of guilty recorded. The case was reserved, to decide whether the discharge of the first jury cleared the prisoner. The Court held that the discharge of the first jury under absolute necessity was lawful. The decision as to the necessity rested solely with the Judge. The Court confirmed the conviction of the lower Court.
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Evening Star, Issue 3219, 14 June 1873, Page 2
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197THE APPEAL COURT. Evening Star, Issue 3219, 14 June 1873, Page 2
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