APPEAL COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9132, 29 April 1908, Page 8

APPEAL COURT.

Per Press Association. Wellington, April 38. The Court of Appeal gave ?,nogmeat to-day on criminal liDoliu the case Rex v. Beeson, teat it was not necessary for the prosecuaou Jo prove at the trial that authorising tho prosecution hadbeen made by the magistrate under 5 of the Criminal Code Amendment Act, 1903. So long JB the order was duly mad ® 11,I 1, in this case) it was sufficient, and the conviction was.allirmeci. The Court then took Kex v. Tnstin. Defendant was convicted under the Bankruptcy Act of taihu„ to keep proper books and contracting debts when ho had no reasonable probability of being able *o pay them, bu. r'be. jury expressly found ho was ncii guilty of any fraud alent interest. The questionreserved for the higher court, v;hethci fiaud was a necessary ingredient m the offence charged. There - was also "another question of the admission of a deposition. Mr Neave (for ap pellant), and Mr Myers (tor the Crown). Without calling on the latter the Court decided that •alent intent was not necessary Jo constitute the offences charged against the appellant and affirmed thereon victiom^ri s^d app .,, >l against a conviction at Auckland .for iatorference with a girl uuaer the age of consent, tho Court also affirmed the conveition. A telegram was received from prisoner’s counsel stating that he did nob wish to go further with the appear, hue the Court considered they s.ionlu heai th Tbe S< bourt had before it an application by Frank Sales for a new trial. Sales had 1 36 ® 11 yicted at Christchurch of breaking and entering, and on the question of identification leave was granted to apply for a new trial. The case was not concluded when the Court adjourned. _______ :