JURY DISAGREES

Hawke's Bay Herald-Tribune, Issue 22, 10 February 1937, Page 6

JURY DISAGREES

Charge of Assault With Intent

BOYLE TO BE RE-TRIED

No agreement after four hours' deliberation was reached by the jury empanelled at the session of the Supreme Court in Napier yesterday before Mr Justice Ostler to consider the charge against Harold Douglas Boyle, ' a freezing works employee, of Hastings, of assaulting a 17-year-old. girl in the railway grounds at Hastings on November 19 with intent to commit rape. Boyle had pleaded not guilty. On the application of the Crowo Prosecutor, Mr H. B. Lusk, his Honour ordered a new trial to take place at Napier to-morrow morning. Boyle was alternatively charged with indecent assault, and in his summing-up his Honour pointed out that the jury could, if it wished, find the accused guilty of common assault only. The Crown 's case was that Boyle had forced the girl, an. employee of the Peerless Milk Bar in Heretaunga street at the time of the alleged offence, to accompany him behind the hoardinge near the Hastings railway station and was assaulting her with intent to commit rape when a man iutervened. For the accused, Mr W. Selwyn Averill urged that Boyle 's conduct did not amount to assault, indecent or jtherwise. Boyle kissed the girl after she had raised no objection to accoinpanying him behind the hoardings, but made no attempt to use foree with her.