THE TRIAL OF KISSEL
“GUILTY WHILE TEMPORARILY INSANE.”
Christchurch, Last Night
The trial of Kissel for the murder of MaeKenzie, which has evolved into the most important murder (rial in the Dominion, and probably under the British criminal code, from the legal and medical points of view, /was concluded this ! evening. The day was taken up with the addresses of counsel, and his Honour’s summing up. The jury retired at 3.51 p.m., and returned at 4.43, and asked his Honour whether a verdict of guilty while temporarily insane would he equivalent to a verdict of not. guilty. His Honour: “Yes; you would return a verdict of not guilty on the grounds of insanity. In that ease I should ask you two questions : (1) Was the accused insane at the time of the commission of the offence? and (2) do you acquit him on the ground of insanity?” The jury again retired and returned at 7.42 p.m. In answer to the Registrar, the foreman said: “We find the prisoner guilty of murder while temporarily insane, with a strong recommendation that lie he detained in a suitable institution. His Honour:, “That amounts to a verdict of not guilty on the grounds of insanity. How do you answer the questions I put to you? The foreman: “To the first we answer .yes. The second we are unable to answer.” His Honour: “You have answered it in your first question, Mr Foreman. You must fhi<| that you acquit him.”
The foreman: “We are not unanimous on the second count.” His Honour: “I think yon will have to find him guilty while temporarily insane, which means that you find him not guilty on the grounds of insanity.” The foreman : “No, your Honour.” His Honour then announced the verdict, and added that prisoner would be kept in strict custody in prison at Paparoa till the pleasure of the Minister ’ of Justice was known.
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https://paperspast.natlib.govt.nz/newspapers/MH19230825.2.21
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Manawatu Herald, Volume XLV, Issue 2624, 25 August 1923, Page 3
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317THE TRIAL OF KISSEL Manawatu Herald, Volume XLV, Issue 2624, 25 August 1923, Page 3
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