Appeal Court.
WELLINGTON, Nov. 11. The Appeal Court quashed the conviction of Scully, hotel-keeper, of Westport. The Court was unanimous that it was sufficient for the purposes of the criminal code that there should be intention on the part of a person procuring or supplying an instrument to use it for illegal purposes. The majority, however (Justices Edwards, Cooper, and Chapman) considered such intention must exist at the time of procuring it. It appeared accused had purchased an instrument a considerable time before. He suggested its use, and as tiiere was no evidence that at the time he fcbuglht it he intended it should be used for illegal purpose the conviction could not stand. Mr Justice Denniston dissented. The Court refused to alter the indictment so as to alter the charge to one of attempting to supply an instrument for Illegal purposes.
In the case Loan and Mercantile 'Agency Co. v. Raid, judgment was held over, and the Court adjourned to Feb. Bth.
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https://paperspast.natlib.govt.nz/newspapers/TDN19031112.2.18
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Taranaki Daily News, Volume XXXXV, Issue 243, 12 November 1903, Page 3
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163Appeal Court. Taranaki Daily News, Volume XXXXV, Issue 243, 12 November 1903, Page 3
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