APPEAL DISMISSED

Rotorua Morning Post, Volume 2, Issue 450, 7 February 1933, Page 5

APPEAL DISMISSED

(Press. Assn.

HIGHER COURT FINDS AMPLE EVIDENCE PRESENTED TO JURY CONVICTION AFFIRMED

— By Telegraph — Copyright).

Wellington, Monday. The Court of Appeal this morning delivered its reserved judgment dismissing the appeal brought by Edward Tarrant from his eonviction for the murder of Jaxnes Flood at Picton on or about November 3, v 1931, and affirming the conviction. In the course of the judgment the Chief Justice, Six* Michael Myers, said: "It is clear in xxxy opinioxx that there was evidence to go to the jury. The fallacy of the argument on behalf of the prisoner is the contention that all of the evidence called hy the Crown was a mattex* of mere suspicion. With that I anx wholly unable to agree." Dealing with the questioxxs raised in the case stated hy the trial judge, His Honour said in his opinion those further questioixs were not questions of law at all, such as contemplated by Section 442 of the Crimes Act, and only one of thenx might possibly he considered a question of fact. Not being questions of law, the Court could not deal with thenx. Mr. Justice McGregor held that

there was ample evidence to go to the jury, and that no misdirections, of axxy kind whatsoever had been established on appeal. The appeal therefore entirely failed*"and the conviction must be affirmed. Mr. Justice v/stler concurred with tlxe answers given hy the Chief Justice and agreed that tlxe conviction should be affirmed.