RIGHT OF APPEAL

Evening Star, Issue 22146, 28 September 1935, Page 23

RIGHT OF APPEAL

SEQUEL TO SENTENCE ]Peh United Press Association.] WELLINGTON, September 27. In the Court of Appeal to-day the ease of Batchelor versus the King was heard. On February 14, 1934, John Black Batchelor, of Christchurch, was sentenced to four years’ imprisonment on a charge of perjury and other charges. In July of the same year application was made to the Supreme Court by the prisoner for a case to be stated for the opinion of the Court of Appeal .on certain questions of law arising out of his trial. That application was not disposed of until August of this year, when Mr Justice Johnston delivered his decision, declining to reserve such questions for the Court of Appeal, on the ground that the application was not made to him within the correct period of time from that of judgment. Batchelor to-day appealed to the Court of Appeal, and after hearing Mr 11. L. Saunders, of Christchurch, on behalf of the prisoner, and the SolicitorGonoral, Mr 11. H. Cornish, for the Crown, the court reserved its decision. If the court decides that Mr Justice Johnston was wrong in refusing to state a case upon the ground taken by him, then it will proceed to deal with the whole question on its merits.