Court of Appeal.
i - - — o i (Per Press Association.) i Wellington, May 6. The point reserved by the Chief Justice when sentencing ox-Detective Kirby to three years penal servitude for extortion, was argued and decided in the Court of Appeal this afternoon. Ttao point arises on Sections A 22 A 23, S, 4, and 7, of " The Criminal Code Act, 1 898." The prisoner was tried after tbe coming into operation of the Code for an offence against Section A 7of i " The Larceny Act, 1867," (committed > many years before the Code, and tbe ' question raised was whether Section 7 of the Code had tbe effect of preventing sentence of penal servitude in such a case. i Mr Gully appeared for the Crown, the prisoner not being represented. ■ The Court held unanimously that Section 7 of the Code did not relate to > procedure, and therefore, had no applii cation to the case of an offence committed before the coming into operation > of the Code, and that the prisoner had been properly sentenced to penal servitude.
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Bibliographic details
Feilding Star, Volume XVIII, Issue 260, 8 May 1897, Page 2
Word Count
175Court of Appeal. Feilding Star, Volume XVIII, Issue 260, 8 May 1897, Page 2
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