APPEAL CASES

Evening Star, Issue 22465, 9 October 1936, Page 16

APPEAL CASES

DIRECTION TO JURY CHALLENGED LIQUOR SALE WITHOUT LICENSE [Per United Press Association. ~] WELLINGTON, October 8. Bernard Lewis Blackwell, of Ashburton, was charged on two counts before Mr Justice Northcroft and a jury at Timaru in July that -on April 13, 1936, and March 28, 1936, at Ashburton, he sold liquor—namely, beer, without being duly licensed, and haring been twice previously convicted of that offence. There were two trials, the first jury being unable to agree. At the request of counsel for the prisoner those portions of the indictment relating to prior convictions were not read to the jury. No evidence was called for the defence.

In his summing up Mr Justice Northcroft informed the jury that portion of the indictment had not been read to thorn and the whole indictment was then read. His Honour explained that the jury was not informed of the prior conviction so as not to lead to the view that because a person had been previously convicted of an offence he was likely to have committed the same offence again. It was also pointed out that the fact of prior convictions was generally withheld from juries lest it should prejudice a fair trial. Tho jury was directed not to consider from the fact of a prior conviction of the accused that ho was guilty of the charges then under consideration, but that they must decide upon the evidence tendered for tho Crown whether tho present charges had been proved. The jury returned a verdict of guilty. A case was then stated for the opinion of the Court of Appeal, tho questions being whether it was proper to direct the jury as set out above, and whether tho conviction ought to be reversed or affirmed, or whether there should be a new trial. , The court reserved its decision. A DECISION REVERSED.

Tho Appeal Court to-day reversed the judgment in the case of the Canadian Government Merchant Marine versus the Auto Machine Manufacturing Company Ltd.