GISBORNE APPEAL

Hokitika Guardian, 14 July 1931, Page 3

GISBORNE APPEAL

AGAINST A CONVICTION

(By Telegraph—R«r Piesc Association.)

WELLINGTON, July 13

On sth June, William Alexander Johnston was convicted at Gisborne of indecent assault upon a young girl, and was duly sentenced. To day the counsel for ’accused applied to the Court of Appeal for leave to appeal from the conviction, the application for leave to appeal and the actual appeal being heard siinultaneouly.

The application is based by Air L K. Wilson, counsel for Johnston, on the following grounds: (1) That at the trial Judge Blair refused to reserve for the opinion of the Court of Appeal certain questions of law arising out of the facts. (2) That the Judge at the hearing, misdirected the jury in material particulars.

Mr Wilson submitted that certain evidence, which had been stressed by the Judge, in summing up, as corroborating the story of the girl not only was not corroboration in law, but was not even admissible. The Judge, by telling the jury that the evidence in question amounted to corroboration, drew away the jury’s attention from tlie very unsatisfactory nature of the evidence, which should have been pointed out to it. The conviction of accused stood or fell on tlie evidence of the girl aloiie,. which was very con flirting with that of other witnesses called. The Court reserved its decision,